Shakeitha Cartwright v. State

Opinion

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CAUSE NO. 12-14-00044-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

SHAKEITHA CARTWRIGHT, } APPEALED FROM 273RD APPELLANT

V. } DISTRICT COURT IN AND FOR

THE STATE OF TEXAS, } SHELBY COUNTY, TEXAS APPELLEE

PER CURIAM ORDER

The Court, having reviewed Appellant’s motion for rehearing and the State’s objection to the motion, is of the opinion that further briefing, including appropriate citations to authorities, is necessary. IT IS THEREFORE ORDERED that Appellant, on or before twenty (20) days from the date of this Order, shall submit briefing to the Court addressing the merits of the following objection made by the State:

The argument that the trial judge could not read and rely on the prior recorded testimony at the initial Jackson v. Denno (art. 38.22, TEX. CODE CRIM. PROC.) hearing was waived because defense trial counsel expressly consented to the trial judge reading the prior record to make his voluntariness determination. (RR, V. 4, P. 144-146 (agreement of parties)); RR, V. 5, P. 9-10 (defense attorney inquiry to Court about whether the Court had finished reading prior Jackson v. Denno record); RR, V. 5, P. 193 (agreement of parties)).

IT IS FURTHER ORDERED that the State, on or before twenty (20) days after the date Appellant’s briefing is filed in this Court, shall file a response to Appellant’s further briefing. IT IS FINALLY ORDERED that the appeal is abated and removed from this Court’s active docket. The appeal will be reinstated on this Court’s active docket upon the earlier of the State’s filing its response to Appellant’s briefing, or further order of this Court. FILE COPY

WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12th Court of Appeals District of Texas, at Tyler. GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this the 25th day of September 2015, A.D. PAM ESTES, CLERK 12TH COURT OF APPEALS

By: ________________________________ Katrina McClenny, Chief Deputy Clerk