To all you appellate gurus out there, here’s an appellate procedure question: When does the court of appeals’ mandate issue when the Texas Supreme Court has denied a petition for review and subsequently denied a motion for rehearing of the petition for review?
TRAP 18 controls issuance of the appellate mandate. The timetable is based upon the steps a party is entitled to take after the court of appeals renders its judgment. But there are no other steps to take after the Texas Supreme Court denies a motion for rehearing of a petition for review. Or are there? Should the mandate issue ten days after the denial of the motion for rehearing of the petition for review (because that’s the amount of time added to the expiration of the other steps)? Should its issuance be tied to the timetable for filing of a petition for writ of certiorari in the United States Supreme Court? What do you think?