Mark Dewayne Mitchell v. State ( 2020 )

In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-19-00229-CR MARK DEWAYNE MITCHELL, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 294th District Court Van Zandt County, Texas Trial Court No. CR17-00160 Before Morriss, C.J., Burgess and Stevens, JJ. ORDER Our review of the clerk’s record and the sixth volume of the reporter’s record in this case indicates that they contain “sensitive data” as that phrase is defined in Rule 9.10 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 9.10(a). Sensitive data includes “a driver’s license number, passport number, social security number, tax identification number or similar government-issued personal identification number.” TEX. R. APP. P. 9.10(a)(1). The clerk’s record and volume six of the reporter’s record include social security numbers. Rule 9.10(b) states, “Unless a court orders otherwise, an electronic or paper filing with the court, including the contents of any appendices, must not contain sensitive data.” TEX. R. APP. P. 9.10(b). Rule 9.10(g) provides, “A court may also order that a document be filed under seal in paper form or electronic form, without redaction.” TEX. R. APP. P. 9.10(g). Therefore, because the clerk’s record and volume six of the reporter’s record contain sensitive data, we order the clerk of this Court or her appointee, in accordance with Rule 9.10(g), to seal the electronically filed clerk’s record and volume six of the electronically filed reporter’s record in this case. IT IS SO ORDERED. BY THE COURT Date: April 16, 2020 2