Jennifer Jill Whitehead v. State

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-13-00054-CR
JENNIFER JILL WHITEHEAD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 3rd District Court
Anderson County, Texas
Trial Court No. 30256
Before Morriss, C.J., Carter and Moseley, JJ.
ORDER
Jennifer Jill Whitehead appeals from her conviction of capital murder of an individual under
age six, her conviction of injury to a child, and the sentences resulting from those convictions.
Whitehead’s notice of appeal was filed March 12, 2013. The appellate record was completed by the
filing of the reporter’s record on August 26, making Whitehead’s brief originally due September 25.
Counsel is appointed.
Efforts from our clerk’s office to obtain the appellant’s brief and/or a motion to extend the
briefing deadline proved unproductive; consequently, we sent a late brief notice to appellant’s
counsel, William M. House, Jr., on October 14 advising him of the late status of the brief and
establishing a new deadline—October 29—for filing the brief. We also warned House that his
failure to file the brief could result in abatement to the trial court for a hearing in accord with Rule
38.8 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 38.8(b). In response to our late
brief notice, House filed a motion to extend the briefing deadline, which we granted, extending the
deadline to December 2.
Having received neither appellant’s brief nor another motion to extend the briefing deadline,
we ordered House to file appellant’s brief on or before January 2, 2014. We advised House that his
failure to file the brief by January 2 would result in abatement of this matter to the trial court for a
Rule 38.8 hearing. See id. Additionally, we warned House that his failure to file the brief by the
newly established deadline could subject him to contempt proceedings. Rather than filing the brief
with an adequate explanation for the delay, House filed another motion seeking yet another
sixty-day extension of the briefing deadline. House’s motion for an extension of the briefing
deadline is overruled.
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House ignored this Court’s December 20 order and failed to file appellant’s brief.
Because the brief has not been filed as ordered, we abate this case to the trial court pursuant to
Texas Rule of Appellate Procedure 38.8(b) for a hearing to determine why counsel has not filed
the brief, whether the brief can be promptly filed with this Court, whether Whitehead desires to
prosecute this appeal, and whether she is indigent. See TEX. R. APP. P. 38.8(b)(2). As a part of
this hearing, the trial court is instructed to make findings regarding House’s actions/inactions
before this Court and to make recommendations on the issue of contempt. The trial court may
also address other matters as it deems appropriate, including appointing different counsel for
appellant, if necessary. The hearing is to be conducted within fifteen days of the date of this
order.
The trial court’s findings and recommendations on the issues set forth above shall be
entered into the record of the case and presented to this Court in the form of a supplemental
clerk’s record within fifteen days of the date of the hearing. See TEX. R. APP. P. 38.8(b)(3). The
reporter’s record of the hearing shall also be filed with this Court in the form of a supplemental
reporter’s record within fifteen days of the date of the hearing. See id.
All appellate timetables are stayed and will resume on our receipt of (1) the appellant’s
brief or (2) the supplemental appellate record.
IT IS SO ORDERED.
BY THE COURT
Date: January 7, 2014
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