Ex Parte Joanna Catherine Krauss v. the State of Texas
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledAugust 13, 2026
Docket02-26-00268-CR
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00268-CR
___________________________
EX PARTE JOANNA CATHERINE KRAUSS
On Appeal from Criminal District Court No. 2
Tarrant County, Texas
Trial Court No. C-2-W012729-1798402-BP
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant Joanna Catherine Krauss, proceeding pro se, attempts to appeal the
denial of her application for writ of habeas corpus pursuant to Texas Code of
Criminal Procedure Article 11.072. See Tex. Code Crim. Proc. art. 11.072. The trial
court denied the application on November 10, 2025.1 Krauss filed her notice of
appeal on July 15, 2026.
A timely notice of appeal is an essential component of our jurisdiction. Slaton v.
State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). An order denying habeas corpus
relief under Article 11.072 is an appealable order from which a notice of appeal must
be filed within thirty days. Mireles v. State, No. 02-14-00228-CR, 2014 WL 6601964, at
*1 (Tex. App.—Fort Worth Nov. 20, 2014, no pet.) (per curiam) (mem. op., not
designated for publication); see Tex. R. App. P. 26.2(a)(1). Thus, Krauss’s July 15, 2026
notice of appeal is untimely.
After we received Krauss’s notice of appeal, we informed her of our concern
that we may not have jurisdiction over her appeal because she did not timely file the
The criminal law magistrate denied Krauss’s application and entered findings
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of fact and conclusions of law on November 6, 2025. The trial court judge
subsequently signed an order adopting the actions of the magistrate on November 10,
2025. See Ex parte Sinclair, 693 S.W.3d 346, 357–60 (Tex. Crim. App. 2024) (stating
that “only a written order of the trial court judge . . . will serve as an appealable order”
and holding that court of appeals did not acquire jurisdiction from magistrate’s
written order).
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notice of appeal.2 We warned her that this appeal would be dismissed for want of
jurisdiction unless she filed a response showing grounds for continuing the appeal.
Krauss filed a response, but it does not show grounds for continuing the appeal.
Because Krauss’s appeal was untimely and because a timely notice of appeal is
an essential component of our jurisdiction, we dismiss this appeal for want of
jurisdiction. See Tex. R. App. P. 26.2(a)(1), 43.2(f); Slaton, 981 S.W.2d at 210; Mireles,
2014 WL 6601964, at *1–2.
Per Curiam
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: August 13, 2026
2
Krauss’s notice of appeal was due on December 10, 2025. See Tex. R. App. P.
26.2(a)(1). Our jurisdiction letter incorrectly stated that Krauss’s notice of appeal was
due on February 9, 2026. Nevertheless, Krauss’s July 15, 2026 notice of appeal was
not timely filed. See id.
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