Arthur Franklin Miller, Jr. v. State

Opinion

ACCEPTED

05-14-01065-CR

FIFTH COURT OF APPEALS

DALLAS, TEXAS

6/17/2015 2:40:43 PM

LISA MATZ

CLERK

CAUSE NO. 05-14-01065-CR

FILED IN

5th COURT OF APPEALS

ARTHUR FRANKLIN MILLER, JR. § IN THE COURTDALLAS, TEXAS OF APPEALS

§ 6/17/2015 2:40:43 PM § LISA MATZ vs. § Clerk FOR THE FIFITH DISTRICT

§ §

THE STATE OF TEXAS § OF TEXAS AT DALLAS

APPELLANT’S MOTION FOR PERMISSION TO ELECTRONICALLY FILE A MOTION FOR REHEARING 1 DAY AFTER THE DEADLINE

TO THE HONORABLE JUSTICES OF SAID COURT:

COMES NOW, Counsel for the Appellant, and files this Motion and Certification for

Court to allow Appellant to electronically file a Motion for Rehearing one (1) day after the filing

deadline, and would show in support thereof, the following:

I.

Pursuant to the Tex. R. App. P. 4.1 (b), undersigned counsel certifies that the clerk’s

office was not closed or inaccessible to the public during regular hours but counsel was unable to

successfully file after several attempts by electronic means because of either an in counsel’s

office “computer glitch” or possibly internet interruptions because of the recent building power

outages caused by the recent severe weather.

II.

In an attempt to comply with Tex. R. App. P. 49.1, a manual filing “the old fashioned

way” by regular U.S. Mail was postmarked and completed on June 16, 2015.

Motion for Permission to Electronically File Motion for Rehearing 1 Day After Deadline – Arthur Franklin Miller, Jr. Page 1 of 2

WHEREFORE, PREMISES CONSIDERED, for these reasons, the Appellant

asks this Court to allow Appellant to electronically file the Motion for Rehearing one (1) day

after the deadline.

Respectfully Submitted,

/s/ Jay Ethington______________ Jay Ethington SBN: 06692500 3131 McKinney Avenue Suite 800 Dallas, Texas 75204 Tel: (214) 740-9955 Fax: (214) 740-9912 jay@jayethington.com ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

This is to certify that on the 17TH day of June, 2015, a true and correct copy of the above

and foregoing Motion was served on the attorney for the State of Texas, Amy Sue Melo Murphy,

Assistant District Attorney, Collin County District Attorney’s Office.

/s/ Jay Ethington Jay Ethington

Motion for Permission to Electronically File Motion for Rehearing 1 Day After Deadline – Arthur Franklin Miller, Jr. Page 2 of 2