Mark Skladany v. State of Texas - Capital Murder Appeal
Summary
The Texas Court of Appeals has abated and remanded the capital murder appeal of Mark Skladany to the trial court. The trial court must hold a hearing to determine if the appellant wishes to proceed and if his counsel has abandoned the appeal, with findings due by April 6, 2026.
What changed
The Texas Court of Appeals, Third District, has abated and remanded the criminal appeal of Mark Skladany (Docket No. 03-25-00475-CR) to the trial court. This action follows the appellant's failure to file his brief by the court-ordered deadline of January 12, 2026, despite multiple extensions. The court explicitly stated no further extensions would be granted.
The trial court is ordered to conduct a hearing to ascertain if the appellant still wishes to pursue the appeal and to determine if his current counsel has abandoned the case. The trial court must then make written findings and recommendations, potentially appointing substitute counsel if necessary. All findings and orders, along with any required supplemental records, must be forwarded to the appellate court by April 6, 2026.
What to do next
- Trial court to hold hearing on appellant's intent to prosecute and counsel's status by April 6, 2026.
- Trial court to make written findings and recommendations.
- Appoint substitute counsel if necessary and forward records to appellate court by April 6, 2026.
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March 6, 2026 Get Citation Alerts Download PDF Add Note
Mark Skladany v. the State of Texas
Texas Court of Appeals, 3rd District (Austin)
- Citations: None known
- Docket Number: 03-25-00475-CR
- Nature of Suit: Capital Murder
Disposition: Abated and Remanded
Disposition
Abated and Remanded
Lead Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00475-CR
Mark Skladany, Appellant
v.
The State of Texas, Appellee
FROM THE 424TH DISTRICT COURT OF BLANCO COUNTY
NO. CR02153, THE HONORABLE EVAN C. STUBBS, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was originally due September 12, 2025. After this Court
granted multiple motions requesting an extension of time to file his brief, appellant’s brief was
due January 12, 2026. In granting the most recent extension, this Court ordered counsel to file
appellant’s brief by that date and informed him that no further extensions would be granted and
that failure to comply with the order would result in the referral of this case to the trial court for a
hearing under Rule 38.8(b) of the Texas Rules of Appellate Procedure. To date, the brief has not
been filed.
The appeal is abated and remanded to the trial court. The trial court shall conduct
a hearing to determine whether appellant desires to prosecute this appeal and, if so, whether
counsel has abandoned this appeal. See Tex. R. App. P. 38.8(b)(2), (3). The court shall make
appropriate written findings and recommendations. See id. R. 38.8(b)(2), (3). If necessary, the
court shall appoint substitute counsel who will effectively represent appellant in this appeal.
Following the hearing, which shall be transcribed, the trial court shall order the appropriate
supplemental clerk’s and reporter’s records—including all findings and orders—to be prepared
and forwarded to this Court no later than April 6, 2026. See id. R. 38.8(b)(3).
It is so ordered March 6, 2026.
Before Justices Triana, Kelly, and Ellis
Abated and Remanded
Filed: March 6, 2026
Do Not Publish
2
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