MARKS, CEDRIC JOSEPH v. the State of Texas

Dixon/Marks - 2 At the show cause hearing, we determined that the coordinating Court Reporter should not be held in contempt, but we ordered all of the reporters, including Respondent, to complete and deliver to the coordinating Reporter by no later than February 3, 2025, their portions of the Marks record. All reporters except Respondent have complied with our order. Instead of complying with the order, on February 4, 2025, Respondent filed with this Court yet another motion for extension to deliver her volumes to the coordinating Reporter, requesting a due date on or before February 24. In other communications, Respondent indicated that she would turn in fifteen volumes by February 7, fifteen more volumes by February 14, and the remaining fifteen volumes by February 21. We denied that motion for extension on February 12. To date, Respondent still has not completed and delivered any of the volumes for which she is responsible. Also on February 12, this Court issued a show cause order to Respondent directing her to appear before us on March 5, 2025, to show cause why she should not be held in contempt and punished by this Court for failing to complete and deliver her portion of the Reporter's Record to the coordinating Reporter on or before February 3, 2025, as ordered by this Court on December 11, 2024.

After hearing from Respondent and considering the record, we found her to be in contempt of Court for failing to comply with our December 11, 2024, order which clearly set out the due date for Respondent's portion of the record. We further found that Respondent had not set forth facts that denied or excused her contempt. However, we did

2

Dixon/Marks - 3 not punish Respondent at that time. Rather, we ordered Respondent Cheryl A. Dixon to work exclusively on the Cedric Marks record and complete and deliver the record to the coordinating Court Reporter Betty Young on or before March 25, 2025. That order is still in effect and we expect it to be followed. We also ordered Respondent to appear before this Court on March 26, the day following the due date. However, we are changing that portion of our previous order.

Therefore, it is ORDERED that Cheryl A. Dixon appear before this Court at 9:00 a.m. on Wednesday, April 2, 2025, to show her compliance with this order or to show cause why she should not be held in contempt a second time and be punished by this Court for failing to complete and deliver her portion of the Marks Reporter's Record to the coordinating Reporter on or before March 25, 2025, as directed in this Order. If Cheryl Dixon is again found in contempt of this Court, punishment will be assessed which may include immediate arrest and confinement until said record is completed.

It is ORDERED that the Clerk of this Court shall issue Notice to Appear and Show Cause commanding Cheryl A. Dixon to appear and show cause, in the manner and within the time specified in this Order, why she should not be sanctioned by this Court if she has again failed to timely complete and deliver her portion of the Reporter's Record in the Marks death penalty appeal. A copy of this Order shall accompany the Notice. The coordinating Reporter's current deadline of March 17, 2025, remains suspended until further order of this Court.

3

Dixon/Marks - 4

Finally, it is ORDERED that the Clerk of this Court shall immediately provide a copy of this Order to the Judicial Branch Certification Commision at 205 W. 14^thStreet, Suite 600, Austin, Texas, 78701.

IT IS SO ORDERED THIS THE 21^stDAY OF MARCH, 2025. Do not publish

4

THE STATE OF TEXAS

NOTICE OF THIRD ORDER TO APPEAR AND SHOW CAUSE

TO: Cheryl A. Dixon

GREETINGS:

On March 5, 2025, the Court of Criminal Appeals entered a Judgment of Contempt and Second Order to Appear and Show Cause. On March 21, 2025, the Court issued a third order to appear and show cause which maintains the date the record is due but changes the date on which Cheryl A. Dixon is to appear before this Court. A correct and complete copy of the Third Order is attached to this Notice and fully incorporated for all purposes.

NOW, THEREFORE, Cheryl A. Dixon is commanded to appear and show cause, in the manner and within the period specified in the Third Order of March 21, 2025, why she should not be sanctioned by the Court of Criminal Appeals if she has failed to timely complete and deliver the Reporter's Record in the Marks death penalty case.

WITNESS MY HAND and Seal of the Court of Criminal Appeals, at the City of Austin, Texas, on this day of , 2025.

____________________________________

DEANA WILLIAMSON, CLERK

COURT OF CRIMINAL APPEALS

STATE OF TEXAS

5

TO: The Sheriff of any County or any Constable of any County, Texas Ranger, Texas Highway Patrolman, or any Peace Officer within the State of Texas.

GREETINGS:

You are hereby ordered to serve upon Cheryl A. Dixon of Denton County the

accompanying THIRD ORDER TO APPEAR AND SHOW CAUSE issued from the Court of Criminal Appeals of the State of Texas on March 21, 2025.

HEREIN FAIL NOT, but of this writ and notice make due return, under the penalty prescribed by law, with your endorsement showing how you executed the same.

WITNESS MY HAND and Seal of the Court of Criminal Appeals of the State of Texas affixed at the City of Austin, Texas, on this the day of , 2025. ____________________________________

DEANA WILLIAMSON, CLERK

COURT OF CRIMINAL APPEALS

STATE OF TEXAS

P. O. BOX 12308, CAPITOL STATION

AUSTIN, TX 78711

6

OFFICER'S RETURN

In re Dixon - No. AP-77,113 Came to hand on this the ____ day of __________, 2025, at ______ o'clock, ___.M., and executed at DENTON County, Texas, on the _____ day of __________, 2025, by delivering to

Cheryl A. Dixon, the THIRD ORDER TO APPEAR AND SHOW CAUSE which accompanied this writ.

To certify which witness my hand officially. ____________________________________

(Signature)

____________________________________

(Print or type name)

___________________________________

(Title)

of DENTON County, Texas

7