Kildow v. Texas - Habeas Corpus Application Granted
Summary
The Texas Court of Criminal Appeals granted Lonard Kildow's habeas corpus application, allowing him an out-of-time appeal for a conviction of aggravated assault with a deadly weapon. The court ordered the trial court to determine indigency and appoint counsel if requested, with a notice of appeal due within thirty days of the court's mandate.
What changed
The Texas Court of Criminal Appeals has granted an out-of-time appeal for Lonard Kildow in case number WR-97,269-02. The applicant, convicted of aggravated assault with a deadly weapon and sentenced to sixty years, contended he was denied his right to an appeal due to a system breakdown. The court's decision, based on precedent from Ex parte Riley, allows Kildow to file an out-of-time appeal.
Following this ruling, the trial court must determine Kildow's indigency within ten days of the court's mandate. If indigent and desiring representation, counsel will be appointed. Kildow must file a written notice of appeal within thirty days of the mandate. Copies of the opinion are to be sent to the Texas Department of Criminal Justice and the Board of Pardons and Paroles.
What to do next
- Review court mandate upon issuance.
- Determine applicant's indigency status within 10 days of mandate.
- Appoint counsel if applicant is indigent and requests representation.
- Ensure applicant files notice of appeal within 30 days of mandate if desired.
Source document (simplified)
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Feb. 26, 2026 Get Citation Alerts Download PDF Add Note
Kildow, Lonard
Court of Criminal Appeals of Texas
- Citations: None known
- Docket Number: WR-97,269-02
- Nature of Suit: 11.07 HC
Disposition: Out of Time Appeal Granted
Disposition
Out of Time Appeal Granted
Lead Opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,269-02
EX PARTE LONARD KILDOW, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR24-01057 IN THE 42ND DISTRICT COURT
COLEMAN COUNTY
Per curiam.
OPINION
Applicant was convicted of aggravated assault with a deadly weapon and
sentenced to sixty years’ imprisonment. He filed this application for a writ of
habeas corpus in the county of conviction, and the district clerk forwarded it to this
Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant contends that he was denied his right to an appeal due to a
breakdown in the system.
2
Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006).
Applicant may file an out-of-time appeal of his conviction in cause number CR24-
01057 from the 42nd District Court of Coleman County. Within ten days from the
date of this Court’s mandate, the trial court shall determine whether Applicant is
indigent. If Applicant is indigent and wants to be represented by counsel, the trial
court shall appoint counsel to represent him on direct appeal. Should Applicant
decide to appeal, he must file a written notice of appeal in the trial court within
thirty days from the date of this Court’s mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal
Justice–Correctional Institutions Division and the Board of Pardons and Paroles.
Delivered: February 26, 2026
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