Brendan Xavier Douglas v. State

Opinion

ACCEPTED 06-15-00067-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 12/7/2015 1:25:55 PM DEBBIE AUTREY CLERK

NO. 06-15-00067-CR

IN THE COURT OF APPEALS FILED IN FOR THE SIXTH APPELLATE DISTRICT6thTEXARKANA, COURT OF APPEALS TEXAS AT TEXARKANA 12/7/2015 1:25:55 PM DEBBIE AUTREY Clerk

BRENDAN XAVIER DOUGLAS

VS.

THE STATE OF TEXAS

APPEALED FROM THE 124TH DISTRICT COURT, GREGG COUNTY TRIAL CAUSE NO. 41,780-B

FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF FOR BRENDAN XAVIER DOUGLAS, APPELLANT

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW BRENDAN XAVIER DOUGLAS, Appellant, and

pursuant to Rule 10.5(b), TEX. R. APP. PROC., and pursuant to the extension

policies of this Court, makes this request to extend filing the brief in this

cause and would show as follows:

I.

The Official Court Reporter has filed the Reporter’s record with this

Honorable Court. The undersigned has received copies of that record as well

as the Clerk’s Record. The deadline for filing Appellant’s Brief is on or before

December 9, 2015.

II.

Appellant requests an additional thirty (30) days in which to complete the

research and writing necessary for submission of the brief.

III.

As reasonable explanation for the need for an extension of time Appellant

would show as follows:

While counsel for Appellant has devoted time to reading the record,

research, and drafting the Brief, the Brief is not yet finished. The Reporter’s Record

is voluminous, including one day devoted to voir dire, then 24 witnesses for the

State giving evidence over a period of three days, then a fourth day for argument,

verdict, and sentencing.

Appellate counsel has also during the past thirty days devoted his time to

other matters in his office, including, but not limited to, the following matters:

Work on Criminal Appeals

Working on briefs in these cases:

Casey Jones v. State, No. 06-15-00113-CR

Leon Hill v. State, No. 06-15-00168-CR

Preparing and Filing a Petition for Discretionary Review in this case:

Derek Clinton Ward v. State, PD-1573-15

Work on Civil Appeals

Preparing and filing a Petition for Review in:

In the Interest of D.G., K. G., H. M. G., Children, on behalf of Bennie G., Docket No. 15-0919

Probate & Estate Work (All in Gregg County)

Cause No. 2014-0317-P In re Estate of Baker: conference with counsel

Cause No. 2015-0297-E In re Estate of Roberts: conference with counsel

Cause No. 2015-0352-E, In re Guardianship of Tommie Johnson: interview

ward, prepare pleadings and report, attend hearing on temporary guardianship

Child Protective Services Work (All in Gregg County)

CPS conferences, court hearings, correspondence in the following cases:

No. 2015-1190-CCL2, “Interest of G. O.”

No. 2015-369-DR, “Interest of D. W. and K. W.”

No. 2015-2162-DR, “Interest of C. Z. Y.”

No. 2015-1171-CCL2, “Interest of C.F.”

No. 2013-955-DR, “Interest of A. T.”

No. 2014-2343-DR, “Interest of J. L. B.”

No. 2014-873-DR, “Interest of J. K. V.”

No. 2014-873-DR-1, “Interest of K. V.”

Counsel has also spent several hours in conference during each week of the

past 30-day period with clients who have consulted with counsel on such diverse

areas of law as collections, criminal law, probate, juvenile, and other legal matters.

With a grant of an additional thirty days Appellate counsel plans to make

substantial progress in further reading of the record and in the writing and research

on the brief.

IV.

There has previously been no motion filed for extension of time, or grants of

time extended to Appellant, for the filing of Appellant's brief.

WHEREFORE, PREMISES CONSIDERED, BRENDAN XAVIER

DOUGLAS, Appellant, respectfully requests that this Honorable Court of Appeals

will, upon reviewing this Motion, grant the extension of time for filing

Appellant's brief as requested herein, and for such other relief to which Appellant

may be entitled.

Respectfully submitted,

LAW OFFICES OF LEW DUNN

_/s/ Lew

Dunn_

Lew Dunn Attorney at Law 201 E. Methvin, Suite 102 P.O. Box 2226

Longview, Texas 75606 903-757-6711 FAX 903-757-6712 Texas State Bar No. 06244600 ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing Motion

is being sent by electronic transmission to the office of Hon. Zan Colson Brown,

Assistant Criminal District Attorney, Gregg County Courthouse, 101 E. Methvin

Street, Suite 333, Longview, Texas 75601 on this 7th day of December, 2015,

email address: zan.brown@co.gregg.tx.us.

/s/_Lew Dunn_____________ Lew Dunn COUNSEL FOR APPELLANT