Section 31.35 Appeals

• Library: Criminal Practice 2012 Supp

H. (§31.35) Appeals

An order by the court sustaining or overruling a 24.035 or 29.15 motion is a final judgment for purposes of an appeal by the movant or the state. Rules 24.035(k), 29.15(k). Under the former versions of both Rules, the direct appeal was stayed pending final resolution of the post-conviction proceedings and was then consolidated with the appeal from the post-conviction proceedings once they were final. The 1996 amendments to Rules 29.15 and 24.035 abandoned the consolidated appeals approach in favor of the traditional approach in which post-conviction proceedings are litigated only after the direct appeal is final. See §31.4, supra.

If the motion court determines that a post-conviction movant is indigent, it must authorize an appeal in forma pauperis and furnish without cost a...