Ed Cooks v. State

• Court: Court of Appeals of Texas
• Decided: July 27, 2010
• Docket: 10-09-00009-CR
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-09-00009-CR

Ed Cooks,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 13th District Court

Navarro County, Texas

Trial Court No. 31327-CR

ORDER

            The reporter’s record in this appeal was originally due on April 13, 2009.  See Tex. R. App. P. 35.2(b).  The court reporter, Nancy Currie, filed an extension request on April 28, 2009 citing a “computer crash” and a lost disk as the reason for the request.  The Court granted Currie’s request, extending the deadline for the record to June 30.  Currie filed a second extension request on July 14, explaining that she was having to “rewrite” the record and had employed a scopist to assist her.  The Court granted this request, extending the deadline to August 31.

            After this deadline passed, the Clerk had several telephone conversations with Currie in which Currie assured the Clerk that she was working on the record and it would soon be filed.  After Currie failed to follow through on these assurances, the Clerk sent a late-record notice in November.  The Clerk also placed several telephone calls to Currie regarding the late record, but Currie failed to return the Clerk’s telephone calls.

            On March 26, 2010, the Clerk sent Currie a letter advising that she had 14 days to file the reporter’s record or a show-cause order may issue.[1]  In light of this notice, Currie’s March 29 extension request was denied.  The record was not filed.

            Currie filed another extension request on April 29, requesting an extension until May 21 because of a software malfunction and other equipment issues.  That request was granted, but Currie failed to file the record.

            The Court abated this appeal and two others on June 2 so that the trial court could determine a date certain by which Currie would file the reporter’s record in each appeal.  During the abatement hearing, Currie assured the trial court that the reporter’s record for Cook’s appeal would be filed with this Court by Monday, July 26, 2010.  However, Currie did not meet this deadline.

            The reporter, Nancy Currie, is ORDERED to deliver the reporter’s record in this appeal into the hands of either the Clerk or a Deputy Clerk of the Tenth Court of Appeals at 501 Washington, Suite 415, Waco, Texas by Friday, July 30, 2010, at 10:00 a.m. or to appear in person with her notes regarding this appeal and transcription equipment, with or without an attorney, on that date and at that time for a hearing before the justices of the Tenth Court of Appeals to explain why the reporter’s record was not filed by that date.

            Failure to file the reporter’s record as ordered herein or to appear in person for the hearing will result in the issuance of an order to show cause why the reporter, Nancy Currie, should not be held in contempt of court for such failure.

            In addition to being mailed to the representatives of the parties and trial court, the Clerk of this Court is ordered to cause this Order to be delivered by courier receipted restricted delivery, certified mail return receipt requested, and regular first class mail to:

Nancy Currie

515 Southeast County Road 3115

Corsicana, Texas  75110

                                                                        PER CURIAM

Before Chief Justice Gray,

            Justice Reyna, and

            Justice Davis

Order issued and filed July 27, 2010

Do not publish

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[1]               The Clerk mailed this notice to Currie by regular mail and by certified mail, return receipt requested.  Currie failed to claim the letter sent to her by certified mail.