Sixth Court Of Appeals Dismisses Walsh Appeal

Court finds convicted felon waited too long to file, cites 'lack of jurisdiction' in dismissal

TEXARKANA, TX, Feb. 19, 2009 -- Finding that he had waited three days too long to file for an appeal or new trial, a three judge panel of the Sixth Court of Appeals today dismissed the appeal of former Aryan Brotherhood general John Wesley Walsh for want of jurisdiction.

Walsh, 43, was convicted by jury trial in the 115th District Court in September, 2008 for Burglary of a Habitation, and sentenced to Life in prison by Judge Lauren Parish on October 15, 2008.

Deemed an 'habitual offender', the Life penalty took into account a 1982 conviction of Walsh in Bexar County of Murder.

According to the opinion released today by the court, the period to file for an appeal or a new trial expired 30 days later, on Nov. 14th. Walsh filed a motion for a new trial on Nov. 17th, three days after the opportunity had lapsed, and a notice of appeal on Dec. 30, 2008.

Without timely notice, the opinion says the court has no jurisdiction over an appeal.