Harrison v. TDCJ-ID

This is a case in which we have the opportunity to make what is clearly a policy decision for how our court will operate. These opportunities are rare. The issue to be decided is when it is clear that we do not have jurisdiction, should we abate the appeal so that some action may be taken that will give us jurisdiction or do we notify the parties that we question our jurisdiction, giving them the opportunity to respond and explain why we do have jurisdiction before the appeal is dismissed.

The answer, once clear, has been clouded by a recent line of cases which will be discussed later. But the…