Shakeitha Cartwright v. State

Opinion

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.

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