Steadman v. State of Texas - DWI Appeal Abated
Summary
The Texas Court of Appeals has abated and remanded the DWI appeal of Gina Ilisa Steadman to the trial court. The trial court must determine if the appellant wishes to proceed with the appeal and if her counsel has abandoned the case. A hearing will be held, and findings will be submitted to the appellate court by April 20, 2026.
What changed
The Texas Court of Appeals, Third District, has issued an order abating and remanding the criminal appeal (docket no. 03-25-00853-CR) of Gina Ilisa Steadman to the trial court. This action follows the appellant's failure to file a timely brief and respond to court notices regarding the overdue filing. The appellate court's order directs the trial court to conduct a hearing to ascertain the appellant's intent to prosecute the appeal and to assess whether her counsel has abandoned the case.
Following the hearing, the trial court must issue written findings and recommendations. If necessary, substitute counsel will be appointed. The trial court is also responsible for ensuring that all relevant records, including the hearing transcript and any findings or orders, are prepared and forwarded to the appellate court by April 20, 2026. This procedural step is necessary to determine the future course of the appeal.
What to do next
- Trial court to conduct hearing on appellant's intent to prosecute appeal and counsel's status.
- Trial court to issue written findings and recommendations.
- Trial court to forward all records, including hearing transcript, by April 20, 2026.
Source document (simplified)
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March 20, 2026 Get Citation Alerts Download PDF Add Note
Gina Ilisa Steadman v. the State of Texas
Texas Court of Appeals, 3rd District (Austin)
- Citations: None known
- Docket Number: 03-25-00853-CR
- Nature of Suit: DWI
Disposition: Abated and Remanded
Disposition
Abated and Remanded
Lead Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00853-CR
Gina Ilisa Steadman, Appellant
v.
The State of Texas, Appellee
FROM THE 433RD DISTRICT COURT OF COMAL COUNTY
NO. CR2022-477D, THE HONORABLE ROBERT UPDEGROVE, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant’s brief was originally due February 4, 2026. On February 18, 2026,
this Court sent a notice to appellant informing her that her brief was overdue and that a failure to
file a satisfactory response by March 2, 2026 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. As of this
date, we have received no response.
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 20, 2026. See id. R. 38.8(b)(3).
It is so ordered March 20, 2026.
Before Justices Triana, Kelly, and Ellis
Abated and Remanded
Filed: March 20, 2026
Do Not Publish
2
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