Cummings, Rickey ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,324-01
EX PARTE RICKEY DONNELL CUMMINGS, Applicant
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS
IN CAUSE NO. 2011-1513-C1 IN THE 19 TH DISTRICT COURT
McLENNAN COUNTY
Per curiam.
ORDER
In November 2012, a jury found applicant guilty of the offense of capital murder.
See T EX. P ENAL C ODE § 19.03(a). Based on the jury’s answers to the statutory
punishment questions, the trial court sentenced him to death.1 On May 1, 2014, the State
filed in this Court its brief on applicant’s direct appeal. Pursuant to Article 11.071 §§
1
See Art. 37.071. Unless otherwise indicated all references to Articles refer to the Code
of Criminal Procedure.
Cummings - 2
4(a) and (b), applicant’s initial application for a writ of habeas corpus was due to be filed
in the trial court on or before September 23, 2014, assuming a motion for an extension
was timely filed and granted.
On December 16, 2015, because it had been more than a year since the application
was due in the trial court, this Court ordered the trial court to resolve any remaining issues
in the case within 180 days from the date of the order. The clerk was then to immediately
transmit the complete writ record to this Court. However, we have not received the
record in this case, and it is now more than six months overdue. Therefore, the trial court
is ordered to resolve any remaining issues in the case and have the clerk transmit the
complete writ record to this Court within 60 days of the date of this order. Any
extensions of time shall be requested by the trial judge, or on his or her behalf, and
obtained from this Court.
IT IS SO ORDERED THIS THE 29TH DAY OF MARCH, 2017.
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