Nos. 04-16-00498-CV, 04-16-00499-CV.


Court of Appeals of Texas, Fourth District, San Antonio.

Attorney(s) appearing for the Case

Nicholas A. LaHood , for State of Texas, Appellee.

Angela J. Moore , for B.M.G., Appellant.



Appellant B.M.G. is a juvenile whom the trial court determined had engaged in delinquent conduct. B.M.G. was committed to the Texas Juvenile Justice Department for an indefinite period. He filed an application for writ of habeas corpus, but it was denied, and B.M.G. appealed.

On December 2, 2016, Appellant moved this court to abate the appeal because the Texas Juvenile Justice Department is considering the possibility of his parole, and he "does not want the appeal to interfere with [his] parole."

On December 9, 2016, we abated this appeal pending the resolution of Appellant's diligent pursuit of a decision from the Texas Juvenile Justice Department on whether he will be paroled.

We ordered Appellant to file with this court by January 9, 2017, and at least monthly thereafter, a written statement of the status of Appellant's request for parole. Each monthly report must include at a minimum the date and description of all documents filed with the Texas Juvenile Justice Department, the Department's responses to those filings, and any decisions reached by the Department.

Appellant filed a timely update on January 9, 2017, and on February 8, 2017, Appellant advised this court that he is progressing towards being released from the Texas Juvenile Justice Department, and he moved this court for a sixty-day extension of time to file the next update.

Appellant's motion is GRANTED IN PART. Appellant's next update is due on March 27, 2017, and any subsequent updates will be due monthly thereafter. If Appellant fails to diligently pursue a decision in the matter of his parole, or if other circumstances require, this court may reinstate this appeal on this court's docket. Assuming Appellant diligently pursues a decision from the Department, after the Department addresses Appellant's request for parole, this court will issue an appropriate order.

All other appellate deadlines remain SUSPENDED pending further order of this court.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of February, 2017.


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