Shakeitha Cartwright v. State ( 2015 )


Menu:
  •                                                                                              ACCEPTED
    12-14-00044-CR
    TWELFTH COURT OF APPEALS
    TYLER, TEXAS
    3/17/2015 3:28:32 PM
    CATHY LUSK
    CLERK
    In The Twelfth Court Of Appeals              FILED IN
    Tyler, Texas                 12th COURT OF APPEALS
    TYLER, TEXAS
    3/17/2015 3:28:32 PM
    No. 12-14-00044-CR                    CATHY S. LUSK
    Clerk
    Shakeitha Cartwright, Appellant,
    v.
    The State of Texas, Appellee.
    On Appeal from the 273rd District Court, Shelby County, Texas
    Trial Court Cause No. 2013-CR-18695
    APPELLANT’S MOTION FOR RULING ON MOTION TO ABATE APPEAL AND FOR DE
    NOVO HEARING UNDER 38.22 §6, Tx. Code Crim. Proc.
    Seth T. Johnson, Tex. Bar No. 24082212
    222 North Mound St., Suite #1
    Nacogdoches, Texas 75961
    Telephone: (936) 205-6775
    Fax: (936)715-3022
    Email: johnsondefenselaw@gmail.com
    Attorney for Appellant
    APPELLANT’S MOTION FOR RULING ON MOTION TO ABATE APPEAL AND FOR DE
    NOVO HEARING UNDER 38.22 §6, Tx. Code Crim. Proc.
    TO THE HONORABLE JUDGES OF THE TWELFTH COURT OF APPEALS:
    COMES NOW, the Appellant, Shakeitha Cartwright, by and through her attorney
    of record, Seth T. Johnson, and respectfully files this motion.
    1. On 02/16/15 Appellant filed with this Honorable Court a motion to abate this
    appeal and to order the Trial Court to conduct de novo a suppression hearing
    concerning the voluntariness of Appellant’s statements to law enforcement.
    2. On 02/18/2015 the State was ordered to file a response to Appellant’s motion
    on or before 03/02/2015.
    3. To date, the State has not electronically filed a response with this Court as
    requested. However, on 03/02/2015, Appellant’s counsel received a fax from the
    District Attorney purporting to be a file-stamped brief in opposition to Appellant’s
    motion. It appears the brief may have been filed with the trial court instead of being
    made part of the appellate record.
    4. Appellant opening brief is currently due on 04/06/2015.
    5. In an abundance of caution to preserve the issue contained in the 02/16/15
    motion for further review, Appellant files this motion respectfully requesting a ruling on
    her motion filed 02/16/15 and respectfully objecting to the lack of a ruling prior to the
    currently set deadline for her opening brief.
    PRAYER
    In light of the arguments in her original motion and the supplemental response
    filed 03/03/15, Appellant prays that her motion to abate the appeal and for a new
    voluntariness hearing be granted.
    2
    Respectfully submitted,
    Seth T. Johnson, #24082212
    ATTORNEY FOR DEFENDANT
    222 North Mound St. #1
    Nacogdoches, TX 75961
    (P) 936-205-6775
    (F) 936-715-3022
    johnsondefenselaw@gmail.com
    CERTIFICATE OF SERVICE
    I hereby certify that a true and correct copy of the foregoing Motion was hand-
    faxed and E-served to the Shelby County District Attorney’s Office, Texas, on March 17,
    2015.
    Seth T. Johnson, #24082212
    3
    

Document Info

Docket Number: 12-14-00044-CR

Filed Date: 3/17/2015

Precedential Status: Precedential

Modified Date: 9/28/2016