Kesterson v. State

The Court has before it appellant’s February 2,1997 motion to allow counsel to review sealed portions of the statement of facts to aid in preparing his brief. The State did not respond to this motion. The question presented by appellant’s motion is: When the trial court seals the record of an in camera hearing pursuant to rule 412(d) of the Texas Rules of Criminal Evidence, 1 should this Court unseal the record for review by appellant in preparation of his appellate brief, and, if so, under what circumstances?

Eric Lee Kesterson was convicted of aggravated sexual assault of a child under…