Gallamore George Stanley - Out of Time Appeal Granted
Summary
The Court of Criminal Appeals of Texas granted an out-of-time appeal for George Stanley Gallamore in case WR-97,273-01. The court found that Gallamore was denied his right to an appeal due to a breakdown in the system, specifically counsel's failure to timely file a notice of appeal.
What changed
The Court of Criminal Appeals of Texas has granted an out-of-time appeal for George Stanley Gallamore in case WR-97,273-01. The court determined that Gallamore was denied his right to an appeal due to a systemic breakdown, specifically the failure of his counsel to file a timely notice of appeal. This ruling allows Gallamore to pursue a direct appeal of his conviction for possession of a controlled substance.
This decision means that Gallamore may file a written notice of appeal within thirty days of the court's mandate. The trial court is ordered to determine his indigence within ten days of the mandate and appoint counsel if he is indigent and wishes to be represented. This action is critical for ensuring Gallamore's right to due process and a timely appeal.
What to do next
- Within 30 days of the Court's mandate, file a written notice of appeal in the trial court.
- If indigent and desiring counsel, inform the trial court within 10 days of the mandate for appointment of counsel.
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Feb. 12, 2026 Get Citation Alerts Download PDF Add Note
Gallamore, George Stanley
Court of Criminal Appeals of Texas
- Citations: None known
- Docket Number: WR-97,273-01
- 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-97,273-01
EX PARTE GEORGE STANLEY GALLAMORE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 007-0446-25-A IN THE 7TH DISTRICT COURT
SMITH COUNTY
Per curiam.
OPINION
Applicant was convicted of possession of a controlled substance and sentenced to 20 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 because counsel failed to timely
file a notice of appeal. Based on the record, Applicant was denied an appeal due to a “breakdown
in the system.” Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006).
Relief is granted. Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988); Jones v. State, 98
S.W.3d 700 (Tex. Crim. App. 2003). Applicant may file an out-of-time appeal of his conviction in
2
cause number 007-0446-25-A from the 7th District Court of Smith 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 12, 2026
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