Unreported / Non-Citable
Disposition Notice
This is a concise disposition notice for a two-page memorandum opinion that reports only the procedural background and outcome of a voluntary dismissal. The opinion does not provide substantive reasoning about bail, habeas corpus relief, or any underlying criminal matter.
Background
Dailon DeShawn Hicks appealed the trial court’s order on his pretrial application for a writ of habeas corpus setting the amount of bail. The appeal came from the 54th District Court of McLennan County, Texas, where Judge Susan N. Kelly presided. The trial court cause number is 2026-307-C2, and the appellate docket number is 10-26-00329-CR.
The opinion identifies the proceeding as an appeal from an order concerning a pretrial habeas application and bail. It does not describe the appeal as arising from a conviction, identify an underlying offense, state the bail amount, or recount additional procedural history. It also does not set out arguments concerning whether the trial court’s bail determination was correct.
On November 2, 2026, Hicks filed a voluntary motion to dismiss the appeal. The court cited Texas Rule of Appellate Procedure 42.2(a) in connection with that motion. The opinion further states that the motion was signed by Hicks and his attorney, again citing Rule 42.2(a). No response, opposition, or other filing is mentioned in the opinion.
The Court’s Holding
The court granted Hicks’s motion to dismiss the appeal and dismissed the appeal. Its complete operative statement is: “Hicks’s motion to dismiss this appeal is granted. Accordingly, this appeal is dismissed.” The court supported that disposition with “Id.,” referring to Texas Rule of Appellate Procedure 42.2(a).
The ruling resolves the appeal through Hicks’s voluntary dismissal request. The opinion does not announce a merits holding concerning the pretrial habeas application, the amount of bail, or any entitlement to habeas relief. It supplies no analysis of the trial court’s order beyond identifying that order as the subject of the appeal.
Justice Westerfeld delivered the opinion of the Court, and the signature block identifies Andrea Westerfeld as Justice. The second page states that the opinion was delivered and filed on November 5, 2026, before Chief Justice Johnson, Justice Harris, and Justice Westerfeld. That page is marked “Appeal dismissed,” “Do not publish,” and “CR25.” The document contains no separate concurrence or dissent.
Key Takeaways
- Hicks voluntarily moved on November 2, 2026, to dismiss his appeal from the trial court’s order on his pretrial habeas application setting bail.
- The motion was signed by Hicks and his attorney, and the court cited Texas Rule of Appellate Procedure 42.2(a).
- The Court of Appeals granted the motion and dismissed the appeal; it did not decide the merits of the bail or habeas issues.
- The memorandum opinion was delivered and filed on November 5, 2026, and was marked “Do not publish.”
Why It Matters
The opinion documents the procedural termination of this pretrial bail appeal at the appellant’s request. For attorneys reviewing the docket, the disposition is a voluntary dismissal under the rule cited by the court, not a published decision evaluating the trial court’s bail ruling or granting or denying habeas relief.
Because the opinion provides no substantive discussion of the underlying application or bail amount, its public reasoning is limited to the motion, the signatures of Hicks and counsel, the cited appellate rule, and the resulting dismissal. No broader legal rule or merits rationale appears in the document.