Arthur James Williams v. State

Opinion

ACCEPTED 12-15-00017-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 10/5/2015 9:53:23 PM Pam Estes CLERK

FILED IN 12th COURT OF APPEALS TYLER, TEXAS 10/5/2015 9:53:23 PM PAM ESTES Clerk

CAUSE NUMBER 12-15-00017-CR

ARTHUR JAMES WILLIAMS IN THE

VS. TWELFTH JUDICIAL DISTRICT

THE STATE OF TEXAS COURT OF APPEALS

APPELLANT'S MOTION FOR LEAVE TO FILE LATE BRIEF

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW Appellant Arthur James Williams, by and through Colin D. McFall,

Attorney of Record in the above numbered and styled cause, and for good cause moves the

instant Court grant Appellant's Motion for Leave to File Late Brief. In support of said motion,

Appellant would respectfully show this Honorable Court the following:

I.

Pursuant to Rule 10.5(b) (1) (A), Texas Rules of Appellate Procedure, Appellant's Brief

was due on or before the 5th day of October 2015.

II.

Pursuant to Rule 10.5(b) (1) (B), Texas Rules of Appellate Procedure, Appellant

respectfully request a fourteen (14) day extension of time to file Appellant's Brief. If granted,

Appellant's Brief would be due on the 5th day of October 2015. ZOO 6Z: T IItii;-( 0-10 I III.

Pursuant to Rule 10.5(b) (1) (C), Texas Rules of Appellate Procedure, Counsel relies on

the following facts to reasonably explain the need for the requested extension:

Counsel is engaged in the multijurisdictional private practice of law. Counsel engages in

the practice of family law, juvenile law, criminal defense and quasi criminal proceedings.

Counsel operates two offices in the East Texas area. Counsel submits his work load is high.

Counsel needs the requested extension of time to effectively represent Appellant. Appellant is

entitled to the effective representation of Counsel.

IV.

Pursuant to Rule 10.5(6) (1) (D), Texas Rules of Appellate Procedure, this is Appellant's

first Motion for Leave to File Late Brief.

V.

Pursuant to Rule 10.1(5), Texas Rules of Appellate Procedure, Counsel was not able to

consult with opposing counsel, to confirm the instant motion is unopposed.

VI.

WHEREFORE, PREMISES CONSIDERED, Appellant Arthur James Williams, prays

the Court grant Appellant's Motion for Leave to File Late Brief, and grant Counsel an additional

fourteen (14) days to file Appellant's Brief.

RESPECTFULLY SUBMITTED,

513 North Church Street Palestine, Texas 75801-2962 COLIN D. ALL Telephone: 903-723-1923 Attorney at Law Facsimile: 903-723-0269 Texas Bar Number: 24027498 Email: cmcfall@mcfall-law-office.com £00 6Z: I I I g'- 01 T&':. 1:61 CERTIFICATE OF SERVICE

I, Colin D. McFall, Attorney of Record for the above styled Appellant, hereby certify

service of a true and correct copy of the above and foregoing document upon Anderson County

Assistant Criminal District Attorney, Scott Holden, at sholden@co.anderson.tx.us, by email

transmission, on the 5th day of October 2015.

513 North Church Street Palestine, Texas 75801-2962 OLIN D. M FALL Telephone: 903-723-1923 Attorney at Law Facsimile: 903-723-0269 Texas Bar Number: 24027498 Email: cmcfall@mcfall-law-office.com $ 1)0ZcgiOT t700 6Z:1I CAUSE NUMBER 12-15-00017-CR

ARTHUR JAMES WILLIAMS § IN THE

VS. § TWELFTH JUDICIAL DISTRICT

THE STATE OF TEXAS § COURT OF APPEALS

AFFIDAVIT

BEFORE ME, the undersigned notary, on this day, personally appeared Colin D. McFall,

a person whose identity is known to me. After I administered an oath to Colin D. McFall, upon

his oath, he said:

"My name is Colin D. McFall. I am over eighteen (18) years of age, of sound mind and

capable of making this Affidavit. I am the Attorney of Record for Arthur James Williams, in the

above numbered and styled cause. I have read the Appellant's Motion for Leave to File Late

Brief and swear the facts relied on are within my personal knowledge.

SWORN to and SUBSCRIBED before me by Colin D. McFall on the 5th day of

October 2015. lg P ogo, FALCON ASHLEY PIERCE ,.• ot• .ae (5 Notary Public, State of Texas My Commission Expires %%%%%%%%%%%%% August 01, 2018 7-Notary Public in d for the State of Texas

My commission expires: F-