Opinion
05-23-01011-CR
08-26-2024
DEREK WILLIAMS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F12-30886-H.
ORDER
NANCY KENNEDY JUSTICE
We REINSTATE this appeal.
We abated this appeal for the trial court to make findings concerning appellate counsel Daniel Oliphant's failure to timely file appellant's brief. The brief was originally due January 29, 2024. On May 9, 2024, we abated the appeal and ordered the trial court to conduct a hearing and make findings and recommendations concerning the filing of appellant's brief. At the hearing, Mr. Oliphant told the trial court, "I'm requesting 60 days to get it finished." The trial court recommended we grant a 60-day extension from May 17, 2024 which we did, extending the time to July 16, 2024. On August 15, 2024, we again abated the appeal and ordered the trial court to conduct a hearing and make findings and recommendations concerning the filing of appellant's brief. Mr. Oliphant told the trial judge, the Honorable Andy Chatham, sitting by assignment, that he could file the brief by November 1, 2024. Judge Chatham recommends we extend the time to file the brief to November 1, 2024.
We reject the trial court's recommendation to the extent the trial court recommends an extension through November 1, 2024.
We ORDER Mr. Oliphant to file appellant's brief no later than 8:00 a.m. on MONDAY, SEPTEMBER 30, 2024. If appellant's brief is not filed by that time, then barring extraordinary circumstances, the Court will order Mr. Oliphant removed from representing appellant and will order the trial court to appoint new counsel for appellant.
We DIRECT the Clerk to send copies of this order to the Honorable Tina Clinton, Presiding Judge, Criminal District Court No. 1, Dallas County; the Honorable Andy Chatham, Former Judge, 282nd Judicial District Court; and counsel for all parties.