Opinion
05-23-00130-CR
02-20-2024
ZADARRON LEON REEDY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F21-15511-H
ORDER
DENNISE GARCIA, JUSTICE
Appellant's brief is overdue. The brief was originally due May 13, 2023, and is now more than nine months overdue.
Before the Court is appellant's February 14, 2024, fourth motion for extension of time to file the brief. We abated this appeal in October 2023 for the trial court to make findings concerning appellant's brief. The trial court found attorney Jeff Buchwald's failure to file appellant's brief in over five months since the original due date of May 13, 2023, was due to his docket of more than 200 cases, his work on other cases including on other appeals, and his computer crashing. At the hearing, Mr. Buchwald told the trial court he could finish the brief in this case within the next sixty days. The trial court recommended we grant Mr. Buchwald an additional sixty days to file appellant's brief. We accepted the trial court's findings and granted Mr. Buchwald an extension of sixty days. That sixty days expired January 2, 2024. Mr. Buchwald filed the third motion for extension of time to file the brief on January 17, 2024, requesting an extension to January 22, 2024, five days from the date of the motion. Mr. Buchwald explained he had a rough draft of the brief prepared, had been ill from COVID, and was recovering. We granted the requested extension through January 22, 2024. As of the date of this order, Mr. Buchwald has not filed the brief. The fourth motion for extension, like the third motion, requests an additional five days from the date of the motion to complete the brief. Five days have passed since the February 14, 2024 motion for extension, and Mr. Buchwald has not filed the brief as he stated he would. In light of Mr. Buchwald's failure to file the brief following our granting the third motion for extension and during the period requested in the fourth motion for extension, this fourth motion for extension is DENIED.
The Court ORDERS the trial court to conduct another hearing within TWENTY DAYS of the date of this order to determine why appellant's brief has not been filed and when the brief will be filed. In this regard, the trial court shall make appropriate findings and recommendations and determine when Mr. Buchwald will file the brief. Appellant is indigent, and Mr. Buchwald is appointed counsel, so the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel.
In making the findings of when Mr. Buchwald will file the brief and whether new counsel should be appointed, the trial court shall consider, and Mr. Buchwald shall disclose to the trial court, the extent of Mr. Buchwald's current trial and appellate docket, including the number of cases on which he is appellate counsel where briefs are coming due, are due, or are overdue, and the number of appeals currently abated where this Court and other courts have ordered trial courts to conduct hearings because briefs are currently overdue. The trial court shall also consider any personal obligations, including personal and family health issues, of Mr. Buchwald that may delay his completion of the brief. This Court does not question that Mr. Buchwald has been working as diligently as possible to complete his trial and appellate obligations in a timely manner, but the Court is concerned that Mr. Buchwald's professional obligations (which he says in his motions for extension and his testimony to the trial court consist of 200 other cases) and personal obligations have resulted in ineffective assistance of appellate counsel toward appellant. If the trial court concludes that Mr. Buchwald is unlikely to file the brief in forty-five days from the date of the hearing, the trial court shall order Mr. Buchwald removed from representing appellant and shall appoint counsel who is likely to file the brief within forty-five days from the date of the hearing.
We ORDER the trial court to transmit a record of the proceedings, which shall include written findings, recommendations, and any necessary orders, to this Court within THIRTY DAYS of the date of this order.
The court reporter for the hearing shall file a reporter's record of the hearing required by this order within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Tina Clinton, Presiding Judge, Criminal District Court No. 1, Dallas County; Felicia Pitre, Dallas County District Clerk; Sharyl Zeno, Official Court Reporter, Criminal District Court No. 1; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.
We ABATE this appeal for the trial court to comply with this order. The appeal shall be reinstated when the Court receives the trial court's findings or at such other time as the Court deems appropriate.