Opinion
NO. 03-19-00556-CR
07-15-2020
In re John T. Floyd Cody A. Carpenter, Appellant v. The State of Texas, Appellee
FROM THE 51ST DISTRICT COURT OF IRION COUNTY
NO. CR19-002 , THE HONORABLE CARMEN DUSEK, JUDGE PRESIDING ORDER TO SHOW CAUSE
PER CURIAM
This is a contempt proceeding ancillary to the appeal of Cody A. Carpenter. The subject of this proceeding is John T. Floyd, appellant's attorney.
Appellant filed his notice of appeal on August 13, 2019, and his brief was due on January 13, 2020. On March 20, 2020, we ordered Floyd to file appellant's brief no later than May 11, 2020. Floyd then filed another motion for extension of time based on issues related to COVID-19 and difficulties obtaining client records. On June 5, 2020, we ordered Floyd to file appellant's brief no later than July 13, 2020, and cautioned him that, absent exigent circumstances, no further extensions would be granted. On June 23, 2020, Floyd filed another motion for extension of time, stating that he "has contacted the Court Reporter and the Clerk to order new copies of the Record and the Transcripts." We instruct the Clerk of this Court to provide Floyd with a copy of the appellate record.
To date, after two orders, appellant's brief has not been filed. Therefore, it is hereby ordered that John T. Floyd shall appear remotely before this Court on Wednesday, August 19, 2020, at 1:00 p.m., to show cause why he should not be held in contempt and have sanctions imposed for his failure to obey our June 5, 2020 order. Prior to the hearing date, the Clerk of the Court will send a follow-up letter via email containing best practices and a link for the Zoom hearing. Failure to appear remotely will be treated the same as failure to appear in person, and Floyd may be subject to a contempt order for failure to appear. This order to show cause will be withdrawn and Floyd will be relieved of his obligation to appear before this Court as ordered above if the Clerk of this Court receives appellant's brief on or before August 17, 2020.
It is ordered on July 15, 2020. Before Justices Goodwin, Triana, and Smith Do Not Publish