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Ricks, Cedric Allen

Citation: Not availableDocket: AP-77,040

Court: Court of Appeals of Texas; September 2, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case concerning the conviction and sentencing of Cedric Allen Ricks for capital murder, which resulted in a death penalty in Tarrant County, Texas, the State of Texas is undergoing the appellate process. The State has filed a motion to extend the deadline for submitting its appellate brief, originally due on September 3, 2015, by 120 days to December 2, 2015. This request is grounded in the necessity to thoroughly review the substantial trial record and address the appellant’s twenty points of error. The assistant district attorney handling the case has been occupied with another death-penalty matter, leading to the need for additional time. The appellant's counsel has expressed no opposition to this extension, reflecting a cooperative procedural stance. The motion adheres to procedural mandates by including certifications of a conference with opposing counsel and proper service of the motion. The Tarrant County Criminal District Attorney's Office has formally submitted this request, indicating the gravity and complexity of the appellate proceedings in this capital case.

Legal Issues Addressed

Capital Murder Conviction and Sentencing

Application: The case involves a conviction of capital murder resulting in a death sentence, highlighting the seriousness of the charges and the ultimate penalty imposed.

Reasoning: Cedric Allen Ricks was convicted of capital murder in May 2014 and sentenced to death in Tarrant County, Texas.

Certification of Conference and Service of Motion

Application: The filing of the extension motion includes certifications confirming proper communication with opposing counsel and service, ensuring compliance with procedural requirements.

Reasoning: The document includes certifications confirming the conference with opposing counsel and the service of the motion to both the appellant’s direct-appeal and habeas counsel.

Motion for Extension of Time in Appellate Proceedings

Application: The State filed a motion requesting an extension of time to submit its appellate brief, justifying the request with the complexity of the case and workload of the assigned attorney.

Reasoning: The State of Texas filing a motion for an extension to submit its brief, originally due on September 3, 2015. The State requests an additional 120 days, setting a new deadline for December 2, 2015, citing the need to thoroughly review the extensive trial record and respond to the appellant’s twenty points of error.

Non-Opposition to Motion for Extension

Application: The appellant’s counsel did not oppose the State's request for an extension, indicating a mutual agreement between the parties on the procedural timeline.

Reasoning: The counsel for the appellant, Mary B. Thornton, has indicated she does not oppose this extension request.