Opinion
06-24-00070-CR
11-14-2024
In re Teresa Ward v. The State of Texas Ancillary to David Michael Calhoun
Debra K. Autrey, Clerk Sixth Court of Appeals
ORDER AND NOTICE TO SHOW CAUSE
ORDER TO SHOW CAUSE AND FILE THE REPORTER'S RECORD
Court reporter Teresa Ward recorded the trial court proceedings in cause number 06-24-00070-CR, styled David Michael Calhoun v. The State of Texas, trial court cause number CR23-00333 in the 235th Judicial District Court of Cooke County, Texas, and has failed to file the reporter's record as ordered by this Court. The reporter's record was originally due in this matter on July 16, 2024. That deadline was extended three times by this Court, on Ward's motions, resulting in a due date of October 7, 2024. Although we warned Ward that additional requests to extend the filing deadline would not be granted, she nonetheless filed a fourth request for an extension of the filing deadline. After reviewing Ward's fourth extension request, we denied the request and ordered Ward to file the complete reporter's record in cause number 06-24-00070-CR, styled David Michael Calhoun v. The State of Texas, trial court cause number CR23-00333 in the 235th Judicial District Court of Cooke County, Texas, to be received no later than November 6, 2024.
Despite our order and two days after the deadline established by that order, Ward filed a fifth request for extension of time in which to file the record. In her fifth request, Ward sought another fifteen-day extension of the filing deadline. As required by Rule 37.3(a)(2) of the Texas Rules of Appellate Procedure, the clerk has referred this matter to the Court for action. The rules provide that this Court is jointly responsible with the trial court for ensuring that appellate records are timely filed, and we are authorized to enter any order necessary to ensure the timely filing of the appellate record. Tex.R.App.P. 35.3(c); Tex. Gov't Code Ann. § 21.002; In re Ryan, 993 S.W.2d 294 (Tex. App.-San Antonio 1999, no pet.) (holding that appellate court has inherent power to sanction court reporter for failing to comply with an order requiring her to file record by certain date).
NOW, THEREFORE, IT IS ORDERED that Teresa Ward shall prepare and file with the clerk of this Court the transcription of the trial in cause number 06-24-00070-CR, styled David Michael Calhoun v. The State of Texas, trial court cause number CR23-00333 in the 235th Judicial District Court of Cooke County, Texas, to be received by this Court on or before twelve o'clock noon on November 20, 2024.
IT IS FURTHER ORDERED that Teresa Ward shall file with the clerk of this Court her sworn affidavit and, if necessary, affidavits of other persons, also to be received by this Court on or before twelve o'clock noon on November 20, 2024, to show cause why she should not be held in contempt of this Court and punished for failing to file the record as ordered by this Court's October 16, 2024, order. The affidavit(s) shall state facts that deny, excuse, or mitigate Teresa Ward's contempt, if there are any such facts.
IT IS FURTHER ORDERED that the clerk of this Court shall issue a Notice to Show Cause commanding Ward to show cause, in the manner and within the time specified in this order, why she should not be held in contempt of this Court and punished for failing to timely file the record. A copy of this order shall accompany the notice.
IT IS SO ORDERED ON THIS THE 14th DAY OF NOVEMBER 2024.
NOTICE TO SHOW CAUSE
A correct and complete copy of the Order of November 14, 2024, is attached to this Notice and fully incorporated for all purposes.
NOW, THEREFORE, Teresa Ward is hereby commanded to show cause by affidavit, to be received by this Court no later than twelve o'clock noon on November 20, 2024, why she should not be held in contempt of the Sixth Court of Appeals for failing to file the reporter's record by the time specified in our order dated October 16, 2024, and why she should not be punished for such failure.
WITNESS MY HAND and the Seal of the Sixth Court of Appeals, at the City of Texarkana, Texas, on this the 14th day of November 2024.
OFFICER'S RETURN
Came to hand on this the ___ day of ___, 2024, at ___ o'clock, ___.M., and executed at Cooke County, Texas, on the ___ day of ___, 2024, by delivering to Teresa Ward at her place of employment at the 235th Judicial District Court, 101 South Dixon Street, Gainesville, Texas 76240 (or wherever she may be found) the original Notice to Show Cause that accompanied this writ.
To certify which witness my hand officially.