AP-77,040
COURT OF CRIMINAL APPEALS
FILED IN
COURT OF CRIMINALAPPEALS AUSTIN, TEXAS
Transmitted 7/20/2015 11:45:01 AM
July 20, 2015 Accepted 7/20/2015 12:21:35 PM
ABEL ACOSTA
ABEL ACOSTA, CLERK CAUSE NO. AP-77.040
CLERK
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CEDRIC ALLEN RICKS IN THE COURT OF
Appellant *
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CRIMINALAPPEALS
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THE STATE OF TEXAS *
IN AUSTIN, TEXAS
Appellee
FOURTH MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT'S BRIEF
COMES NOW, CEDRIC ALLEN RICKS, Appellant, by and through his attorney,
MARY B. THORNTON, and files this his Fourth Motion for Extension of Time to File
Appellant's Brief in the above styled and numbered cause requesting an additional
fourteen (14) days and in support of his motion would show this Honorable Court as
follows:
Appellant was reindicted for the offense of capital murder in cause number
1361004R on February 28,2014. His case was assigned to the 371st Judicial District
Court in Tarrant County, Texas. Appellant pleaded not guilty before a jury on May 5,
2014. On May 7,2014, the jury found Appellant guilty of the offense as charged in the
State's indictment. On May 16,2014, the jury answered Special Issue No. 1 "yes," and
Special Issue No. 2 "no." As a result the trial court sentenced Appellant to Death as
required by law.
Pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure Appellant's
brief was originally due to be filed in this Honorable Court on Tuesday, January 20,
2015. Three motions for extension of time have been requested by Appellant and
granted by this Honorable Court for approximately six months, rendering Appellant's
brief due on Monday, April 20,2015, Wednesday, June 17,2015, and Monday, July 20,
2015.
IV.
Over the past thirty days, with a few exceptions, counsel has worked exclusively
on writing Appellant's brief, including the weekends. Seven points of error have been
written and entered onto the computer. The other approximately thirteen points of
error have been researched and partially written. Counsel is in the process of finalizing
them and putting them on the computer.
Counsel for Appellant has had a small number of new appointments that have
taken portions of her time over the preceding thirty-three days. Counsel has also had
to spend some additional time on a case that counsel believed that she had worked out
and would settle via a plea bargain agreement. The case of The State of Texas v
Sherman Peter Williams in cause number 1368762D presently pending in the 213th
Judicial District Court in Tarrant County has caused counsel for Appellant additional
work that she did not anticipate. Sherman is indicted for the offense of causing serious
bodily injury to a family member with the use or exhibition of a deadly weapon, to wit:
a knife. Counsel and her investigator have had to spend three additional afternoons
visiting with Sherman in order to communicate a generous plea bargain offer. Based
upon Sherman's mental health counsel had to have him examined for competency and
has had to work on some subpoenas involving psychiatric records in preparation for a
probable upcoming jury trial. In essence Sherman has done an about face and has
requested a jury trial. His case likely will be reached for trial on the next contest setting
on Monday, October 5, 2015.
Counsel for Appellant also needs to prepare for trial on three other cases that are
set in various courts. One is an aggravated robbery with the use or exhibition of a
deadly weapon, cause number 1405089D out of the 432nd Judicial District Court in
Tarrant County, Texas which will move to the Trial Docket after this afternoon, the
second is an aggravated sexual assault of a child under fourteen years of age with a
sexual offender notice with the State seeking a Life sentence in cause number
1383820D out of the 297th Judicial District Court in Tarrant County, Texas set for trial
on Friday, September 25,2015, and the third is an intoxication manslaughter in cause
number 1403722D, which is set on the Status Conference Docket of the 213th Judicial
District Court on Friday, August 7,2015. (The Status Conference Docket is the last one
prior to the Trial Docket under the Felony Case Management system utilized by the
Criminal District Judges in Tarrant County, Texas). Counsel for Appellant must complete
and get Appellant's brief filed no later than fourteen days from today in order to work
up the above cases for probable jury trials.
It appears that Appellant's brief will contain around twenty points of error. Like
counsel stated above, all of these points have been researched and partially written.
Counsel for Appellant needs to complete the writing and the application of the facts of
this case to those arguments.
Therefore, counsel for Appellant requests this fourth extension of time for
fourteen (14) days not for purposes of delay but because it is necessary in order to
render Appellant his constitutionally mandated effective assistance of counsel pursuant
to the Sixth and Fourteenth Amendments to the U.S. Const, and art. 1, sec. 9 of the
Tex. Const. Counsel for Appellant guarantees that no further extensions of time will be
needed to complete Appellant's brief.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays that this
Honorable Court grant his Fourth Motion for Extension of Time to File Appellant's brief
in the above styled and numbered cause for fourteen (14) days and extend the deadline
for filing Appellant's brief to Monday, August 3, 2015.
Respectfully submitted,
/s/Mary B. Thornton
MARY B. THORNTON
Attorney for Appellant
3901 Race Street
Fort Worth, Texas 76111
Telephone No.: (817) 759-0400
Telecopier No.: (817) 831-3002
Email: marybrabson01@gmail.com
State Bar #19713700
CERTIFICATE OF SERVICE
I hereby certify that on the 20th day of July, 2015, a true and correct copy of the
above motion was electronically served on the Hon. Debra Windsor, Chief of the Tarrant
County Criminal District Attorney's Office Post Conviction, Tim Curry Criminal Justice
Center, Fourth Floor, 401 West Belknap, Fort Worth, Texas, 76196, at
COAAppellateAlerts@tarrantcounty.com.
/s/Mary B. Thornton
MARY B. THORNTON