Unreported / Non-Citable
Background
Reginald Reece appealed his criminal conviction from the Fifth Judicial District Court of Bowie County, Texas. The Texas Court of Appeals, Sixth Appellate District, issued an opinion on February 13, 2026, affirming Reece’s conviction and modifying the judgment. The State subsequently filed a petition for discretionary review with the Texas Court of Criminal Appeals on June 1, 2026.
However, Reece died on May 16, 2026. Following his death, counsel for the appellant filed a motion to permanently abate the appeal. The Court of Criminal Appeals directed the appellate court to address the abatement issue.
The Court’s Holding
The court withdrew its prior February 13, 2026 opinion, including the opinion on rehearing issued May 14, 2026. The court ordered the appeal permanently abated pursuant to Rule 7.1(a)(2) of the Texas Rules of Appellate Procedure.
The abatement was based on the death of the appellant, which extinguished the justiciability of the appeal. Criminal appeals do not survive the death of the named party, and the appellate process must terminate when the appellant is no longer alive to pursue the appeal.
Key Takeaways
- A criminal appeal is abated upon the death of the appellant, and the appellate court may withdraw prior opinions.
- Rule 7.1(a)(2) of the Texas Rules of Appellate Procedure governs abatement of appeals when the appellant dies.
- The death of an appellant eliminates the justiciability of the appeal, requiring permanent abatement.
Why It Matters
This order illustrates a fundamental procedural principle in criminal appellate practice: criminal appeals are personal to the appellant and do not survive the appellant’s death. Attorneys handling criminal appeals should be aware that death of the appellant results in automatic abatement, terminating all pending appellate proceedings regardless of the stage of the appeal.