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Cummings, Rickey
WR-84,324-01
| Tex. Crim. App. | Mar 29, 2017
|
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Case Information

*1 IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. WR-84,324-01

EX PARTE RICKEY DONNELL CUMMINGS, Applicant

ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS TH IN CAUSE NO. 2011-1513-C1 IN THE 19 DISTRICT COURT

McLENNAN COUNTY

Per curiam .

O R D E R

In November 2012, a jury found applicant guilty of the offense of capital murder.

See T EX . P ENAL C ODE § 19.03(a). Based on the jury’s answers to the statutory punishment questions, the trial court sentenced him to death. On May 1, 2014, the State [1]

filed in this Court its brief on applicant’s direct appeal. Pursuant to Article 11.071 §§ *2 Cummings - 2 4(a) and (b), applicant’s initial application for a writ of habeas corpus was due to be filed in the trial court on or before September 23, 2014, assuming a motion for an extension was timely filed and granted.

On December 16, 2015, because it had been more than a year since the application was due in the trial court, this Court ordered the trial court to resolve any remaining issues in the case within 180 days from the date of the order. The clerk was then to immediately transmit the complete writ record to this Court. However, we have not received the record in this case, and it is now more than six months overdue. Therefore, the trial court is ordered to resolve any remaining issues in the case and have the clerk transmit the complete writ record to this Court within 60 days of the date of this order. Any extensions of time shall be requested by the trial judge, or on his or her behalf, and obtained from this Court. TH

IT IS SO ORDERED THIS THE 29 DAY OF MARCH, 2017.

Do Not Publish

[1] See Art. 37.071. Unless otherwise indicated all references to Articles refer to the Code of Criminal Procedure.

Case Details

Case Name: Cummings, Rickey
Court Name: Court of Criminal Appeals of Texas
Date Published: Mar 29, 2017
Docket Number: WR-84,324-01
Court Abbreviation: Tex. Crim. App.
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