Shakeitha Cartwright v. State ( 2015 )

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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.
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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