Jennifer Marie Valley v. State ( 2011 )

Order filed December 15, 2011

                                                                       In The

Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-11-00042-CR

                                                    __________

                            JENNIFER MARIE VALLEY, Appellant

                                                             V.

                                      STATE OF TEXAS, Appellee

                                   On Appeal from the 29th District Court

                                                         Palo Pinto County, Texas

                                                    Trial Court Cause No. 14161F

                                                                     O R D E R

            This appeal has been unduly stalled due to the failure of appellant’s retained counsel, Judith Mattern Hearn, to file an appellate brief.  The brief was originally due on June 23, 2011.  On June 22, counsel filed her first motion for extension, which this court granted.  On August 8, counsel filed her second motion for extension, which was also granted.  On September 2, counsel filed her third motion for extension, which was also granted, extending the due date to October 7.  After counsel failed to file a brief, this court entered a stand-and-deliver order on November 3.  In the order, this court directed counsel to either file a brief by Wednesday, November 16, 2011, at 11:00 a.m. or appear in person at that time and explain the inordinate delay in the preparation of appellant’s brief.  Counsel appeared in person at the designated time and stated:  “I expect to have it filed before the end of the week.”  She, therefore, said that she expected to file the brief by Friday, November 18, 2011.  In the interest of justice, this court afforded counsel more time than she requested, and by letter dated November 18, we informed counsel that the brief was due on or before December 2, 2011.  Yet, counsel has, again, failed to file a brief. 

            By this order, Judith Mattern Hearn is now ORDERED to file a brief on behalf of the appellant on or before 9:00 a.m. on Thursday, December 22, 2011, in the Eleventh Court of Appeals, 100 West Main St., Suite 300, Eastland, Texas.  Should counsel fail to obey this order, a contempt proceeding may be initiated against counsel.  

                                                                                                PER CURIAM

December 15, 2011

Do not publish. See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J.,

McCall, J., and Kalenak, J.