ACCEPTED
12-14-00044-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
3/17/2015 3:28:32 PM
CATHY LUSK
CLERK
In The Twelfth Court Of Appeals FILED IN
Tyler, Texas 12th COURT OF APPEALS
TYLER, TEXAS
3/17/2015 3:28:32 PM
No. 12-14-00044-CR CATHY S. LUSK
Clerk
Shakeitha Cartwright, Appellant,
v.
The State of Texas, Appellee.
On Appeal from the 273rd District Court, Shelby County, Texas
Trial Court Cause No. 2013-CR-18695
APPELLANT’S MOTION FOR RULING ON MOTION TO ABATE APPEAL AND FOR DE
NOVO HEARING UNDER 38.22 §6, Tx. Code Crim. Proc.
Seth T. Johnson, Tex. Bar No. 24082212
222 North Mound St., Suite #1
Nacogdoches, Texas 75961
Telephone: (936) 205-6775
Fax: (936)715-3022
Email: johnsondefenselaw@gmail.com
Attorney for Appellant
APPELLANT’S MOTION FOR RULING ON MOTION TO ABATE APPEAL AND FOR DE
NOVO HEARING UNDER 38.22 §6, Tx. Code Crim. Proc.
TO THE HONORABLE JUDGES OF THE TWELFTH COURT OF APPEALS:
COMES NOW, the Appellant, Shakeitha Cartwright, by and through her attorney
of record, Seth T. Johnson, and respectfully files this motion.
1. On 02/16/15 Appellant filed with this Honorable Court a motion to abate this
appeal and to order the Trial Court to conduct de novo a suppression hearing
concerning the voluntariness of Appellant’s statements to law enforcement.
2. On 02/18/2015 the State was ordered to file a response to Appellant’s motion
on or before 03/02/2015.
3. To date, the State has not electronically filed a response with this Court as
requested. However, on 03/02/2015, Appellant’s counsel received a fax from the
District Attorney purporting to be a file-stamped brief in opposition to Appellant’s
motion. It appears the brief may have been filed with the trial court instead of being
made part of the appellate record.
4. Appellant opening brief is currently due on 04/06/2015.
5. In an abundance of caution to preserve the issue contained in the 02/16/15
motion for further review, Appellant files this motion respectfully requesting a ruling on
her motion filed 02/16/15 and respectfully objecting to the lack of a ruling prior to the
currently set deadline for her opening brief.
PRAYER
In light of the arguments in her original motion and the supplemental response
filed 03/03/15, Appellant prays that her motion to abate the appeal and for a new
voluntariness hearing be granted.
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Respectfully submitted,
Seth T. Johnson, #24082212
ATTORNEY FOR DEFENDANT
222 North Mound St. #1
Nacogdoches, TX 75961
(P) 936-205-6775
(F) 936-715-3022
johnsondefenselaw@gmail.com
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion was hand-
faxed and E-served to the Shelby County District Attorney’s Office, Texas, on March 17,
2015.
Seth T. Johnson, #24082212
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