Cargill, Kimberly ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,320-01
EX PARTE KIMBERLY CARGILL
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS
IN CAUSE NO. 241-1510-10 IN THE 241 ST DISTRICT COURT
SMITH COUNTY
Per curiam.
ORDER
In May 2012, a jury found applicant guilty of the offense of capital murder. The jury
answered the statutory punishment questions in such a way that the trial court set applicant’s
punishment at death. On April 7, 2014, the State filed in this Court its brief on applicant’s
direct appeal. Pursuant to Article 11.071 §§ 4(a) and (b)1 , applicant’s initial application for
1
Unless otherwise indicated all references to Articles refer to the Code of
Criminal Procedure.
Cargill - 2
a writ of habeas corpus was due to be filed in the trial court on or before August 20, 2014,
assuming a motion for extension was timely filed and granted. It has been more than a year
since the application was due in the trial court. Accordingly, we order the trial court to
resolve any remaining issues in the case within 180 days from the date of this order. The
clerk shall then immediately transmit the complete writ record to this Court. Any extensions
of time shall be obtained from this Court.
IT IS SO ORDERED THIS THE 16TH DAY OF DECEMBER, 2015.
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