ACCEPTED 03-15-00462-CR 7470346 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/21/2015 10:45:03 AM JEFFREY D. KYLE CLERK CAUSE NO. 03-15-00462-CR
_________________________________________________ FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEALS 10/21/2015 10:45:03 AM FOR THE THIRD DISTRICT OF TEXAS JEFFREY D. KYLE AUSTIN DIVISION Clerk _________________________________________________
DARRELL WAYNE LOVE § § v. § § STATE OF TEXAS §
_______________________________________________
APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF _______________________________________________
Justin Bradford Smith Texas Bar No. 24072348 Harrell, Stoebner, & Russell, P.C. 2106 Bird Creek Drive Temple, Texas 76502 Phone: (254) 771-1855 FAX: (254) 771-2082 Email: justin@templelawoffice.com
ATTORNEY FOR APPELLANT
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 1 Darrell Wayne Love v. State; Cause No. 03-15-00462-CR TO THE HONORABLE COURT OF APPEALS:
COMES NOW, Appellant, DARRELL WAYNE LOVE, who files this First
Motion for Extension of Time to File Appellant’s Brief, and shows unto the Court
as follows:
I.
Appellant’s brief is due on or before October 22, 2015.
II.
Appellant seeks an additional thirty (30) days to file his brief, which should
make his brief due on or before November 23, 2015 (actual deadline falls on
Saturday, November 21, 2015).
III.
Facts relied on to reasonably explain the need for an extension include the
following:
1. Preparation for oral argument to be held on November 5, 2015
in the capital murder case of Sherill Ann Small v. State, Cause
No. 14-15-00039-CR. The record is voluminous (23 volumes
of the Reporter’s Record; 1 Unsealed Clerk’s Record; 1 Sealed
Clerk’s Record; 2 Supplemental Clerk’s Record), and
preparation has been frequent since the case was set for oral
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 2 Darrell Wayne Love v. State; Cause No. 03-15-00462-CR argument on September 24, 2015 (e.g., September 29, 2015;
October 12, 2015; October 13, 2015; October 14, 2015;
October 15, 2015; October 16, 2015; October 19, 2015;
October 20, 2015).
2. Preparation and filing of, as well as legal research related to, a
supplemental brief amending the second issue in Sherill Ann
Small v. State, 14-15-00039-CR, as well as a motion for leave
to amend, a request for a supplemental clerk’s record, a letter to
the Court of Appeals regarding the lack of an objection from
the State to the amendment, etc.. Work was necessary after
learning the clerk’s file contained documents that were not a
part of the clerk’s record and that required the amendment of
issue two. Also visited client in Gatesville regarding oral
argument, amending second issue, etc. Work performed on
September 30, 2015; October 1, 2015; October 2, 2015;
October 3, 2015; October 5, 2015; October 6, 2015; October 7,
2015.
3. Work related to reviewing record and drafting sixty-four page
brief (filed on September 23, 2015) in Dwayne McGowan v.
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 3 Darrell Wayne Love v. State; Cause No. 03-15-00462-CR State, Cause No. Cause No. 07-15-00270-CR, involving a
complex issue of whether the Texas common law ability-to-pay
defense has been superseded by statute, and detailed
correspondence to client regarding same. (September 22, 2015;
September 23, 2015; September 24, 2015). [includes only the
days after which the thirty-day deadline to file a brief in the
instant case began]
4. Review record and perform legal research for brief that was due
on September 25, 2015 until extension granted in Santos
Salinas, Jr. v. State; Cause No. 13-15-00310-CR (September
24, 2015; September 25, 2015). [includes only the days after
which the thirty-day deadline to file a brief in the instant case
began]
5. Review record and perform legal research for brief that was due
on September 28, 2015 in In the Matter of C.P., 03-15-00276-
CV. (Work performed on September 25, 2015 and September
28, 2015). [includes only the days after which the thirty-day
deadline to file a brief in the instant case began]
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 4 Darrell Wayne Love v. State; Cause No. 03-15-00462-CR 6. Review record and perform legal research for briefs that were
due on September 23, 2015 and September 24, 2015 in
Raymond Ross Mormino, II v. State, Cause Nos. 10-15-00167-
CR and 10-15-00173-CR. Work performed on September 29,
7. Work related to new appeal (notice of appeal not yet filed):
a. In re: Harvey; Cause No. 267,051. Drafting and filing
motion for new trial, motion to disregard jury answers, and
related orders. Work to be performed on October 21, 2015.
8. Work related to new case to go on appeal in In re: H.C.C.,
Cause No. 254,204, 426th District Court, Bell County, Texas.
(Drafting/Revising Proposed Final Order and coordinating with
trial counsel; letter to court regarding order) (September 24,
2015; September 25, 2015; September 29, 2015; October 7,
2015; October 15, 2015).
9. Work related to appeal, Fernando Smith v. State, Cause No. 10-
15-00263-CR, including review of part of file at courthouse in
Gatesville (on October 2, 2015) and ensuring trial counsel’s
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 5 Darrell Wayne Love v. State; Cause No. 03-15-00462-CR presence at return from shock probation hearing held on
October 14, 2015 (work performed on October 13, 2015).
10. Legal research and related assistance with Samuel Corman v.
Alltell Communication, LLC, et al, Cause No. Cause No. CV
06815, Hamilton County, and/or case pending in federal court
(Civil Case No. 6:15-CV-264). Work performed on October 7,
2015; October 8, 2015; October 12, 2015.
11. Time lost completing “CLE Fifteen: Criminal Law 2014 (Top
Rated Topics from the Past Year)” (15.25 hours, including 3
hours ethics) (MCLE No: 901307940) (Viewed on or around
October 10, 2015; October 12, 2015; October 13, 2015).
12. Completing reporting requirements for court appointments
required by Article 26.04(j)(4), Code of Criminal Procedure.
Reporting required for eleven counties (Bastrop, Bell, Bosque,
Bowie, Burnet, Cass, Coryell, Limestone, Llano, McLennan,
Milam).
13. Will be attending part of Fall Bench/Bar CLE on October 22,
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 6 Darrell Wayne Love v. State; Cause No. 03-15-00462-CR 14. Time lost taking car to dealership for service on the afternoon
of October 1, 2015.
15. Miscellaneous work related to cases not having cause numbers
because not yet pending (e.g., coordinating pre-suit mediation)
or are transactional (contract revision/review) (performed
variously over the course of the last month).
IV.
No previous extensions have been requested and granted in this matter.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to
extend his time for filing his brief to thirty (30) days from the date his brief is
currently due.
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 7 Darrell Wayne Love v.
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ACCEPTED 03-15-00462-CR 7470346 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/21/2015 10:45:03 AM JEFFREY D. KYLE CLERK CAUSE NO. 03-15-00462-CR
_________________________________________________ FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEALS 10/21/2015 10:45:03 AM FOR THE THIRD DISTRICT OF TEXAS JEFFREY D. KYLE AUSTIN DIVISION Clerk _________________________________________________
DARRELL WAYNE LOVE § § v. § § STATE OF TEXAS §
_______________________________________________
APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF _______________________________________________
Justin Bradford Smith Texas Bar No. 24072348 Harrell, Stoebner, & Russell, P.C. 2106 Bird Creek Drive Temple, Texas 76502 Phone: (254) 771-1855 FAX: (254) 771-2082 Email: justin@templelawoffice.com
ATTORNEY FOR APPELLANT
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 1 Darrell Wayne Love v. State; Cause No. 03-15-00462-CR TO THE HONORABLE COURT OF APPEALS:
COMES NOW, Appellant, DARRELL WAYNE LOVE, who files this First
Motion for Extension of Time to File Appellant’s Brief, and shows unto the Court
as follows:
I.
Appellant’s brief is due on or before October 22, 2015.
II.
Appellant seeks an additional thirty (30) days to file his brief, which should
make his brief due on or before November 23, 2015 (actual deadline falls on
Saturday, November 21, 2015).
III.
Facts relied on to reasonably explain the need for an extension include the
following:
1. Preparation for oral argument to be held on November 5, 2015
in the capital murder case of Sherill Ann Small v. State, Cause
No. 14-15-00039-CR. The record is voluminous (23 volumes
of the Reporter’s Record; 1 Unsealed Clerk’s Record; 1 Sealed
Clerk’s Record; 2 Supplemental Clerk’s Record), and
preparation has been frequent since the case was set for oral
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 2 Darrell Wayne Love v. State; Cause No. 03-15-00462-CR argument on September 24, 2015 (e.g., September 29, 2015;
October 12, 2015; October 13, 2015; October 14, 2015;
October 15, 2015; October 16, 2015; October 19, 2015;
October 20, 2015).
2. Preparation and filing of, as well as legal research related to, a
supplemental brief amending the second issue in Sherill Ann
Small v. State, 14-15-00039-CR, as well as a motion for leave
to amend, a request for a supplemental clerk’s record, a letter to
the Court of Appeals regarding the lack of an objection from
the State to the amendment, etc.. Work was necessary after
learning the clerk’s file contained documents that were not a
part of the clerk’s record and that required the amendment of
issue two. Also visited client in Gatesville regarding oral
argument, amending second issue, etc. Work performed on
September 30, 2015; October 1, 2015; October 2, 2015;
October 3, 2015; October 5, 2015; October 6, 2015; October 7,
2015.
3. Work related to reviewing record and drafting sixty-four page
brief (filed on September 23, 2015) in Dwayne McGowan v.
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 3 Darrell Wayne Love v. State; Cause No. 03-15-00462-CR State, Cause No. Cause No. 07-15-00270-CR, involving a
complex issue of whether the Texas common law ability-to-pay
defense has been superseded by statute, and detailed
correspondence to client regarding same. (September 22, 2015;
September 23, 2015; September 24, 2015). [includes only the
days after which the thirty-day deadline to file a brief in the
instant case began]
4. Review record and perform legal research for brief that was due
on September 25, 2015 until extension granted in Santos
Salinas, Jr. v. State; Cause No. 13-15-00310-CR (September
24, 2015; September 25, 2015). [includes only the days after
which the thirty-day deadline to file a brief in the instant case
began]
5. Review record and perform legal research for brief that was due
on September 28, 2015 in In the Matter of C.P., 03-15-00276-
CV. (Work performed on September 25, 2015 and September
28, 2015). [includes only the days after which the thirty-day
deadline to file a brief in the instant case began]
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 4 Darrell Wayne Love v. State; Cause No. 03-15-00462-CR 6. Review record and perform legal research for briefs that were
due on September 23, 2015 and September 24, 2015 in
Raymond Ross Mormino, II v. State, Cause Nos. 10-15-00167-
CR and 10-15-00173-CR. Work performed on September 29,
7. Work related to new appeal (notice of appeal not yet filed):
a. In re: Harvey; Cause No. 267,051. Drafting and filing
motion for new trial, motion to disregard jury answers, and
related orders. Work to be performed on October 21, 2015.
8. Work related to new case to go on appeal in In re: H.C.C.,
Cause No. 254,204, 426th District Court, Bell County, Texas.
(Drafting/Revising Proposed Final Order and coordinating with
trial counsel; letter to court regarding order) (September 24,
2015; September 25, 2015; September 29, 2015; October 7,
2015; October 15, 2015).
9. Work related to appeal, Fernando Smith v. State, Cause No. 10-
15-00263-CR, including review of part of file at courthouse in
Gatesville (on October 2, 2015) and ensuring trial counsel’s
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 5 Darrell Wayne Love v. State; Cause No. 03-15-00462-CR presence at return from shock probation hearing held on
October 14, 2015 (work performed on October 13, 2015).
10. Legal research and related assistance with Samuel Corman v.
Alltell Communication, LLC, et al, Cause No. Cause No. CV
06815, Hamilton County, and/or case pending in federal court
(Civil Case No. 6:15-CV-264). Work performed on October 7,
2015; October 8, 2015; October 12, 2015.
11. Time lost completing “CLE Fifteen: Criminal Law 2014 (Top
Rated Topics from the Past Year)” (15.25 hours, including 3
hours ethics) (MCLE No: 901307940) (Viewed on or around
October 10, 2015; October 12, 2015; October 13, 2015).
12. Completing reporting requirements for court appointments
required by Article 26.04(j)(4), Code of Criminal Procedure.
Reporting required for eleven counties (Bastrop, Bell, Bosque,
Bowie, Burnet, Cass, Coryell, Limestone, Llano, McLennan,
Milam).
13. Will be attending part of Fall Bench/Bar CLE on October 22,
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 6 Darrell Wayne Love v. State; Cause No. 03-15-00462-CR 14. Time lost taking car to dealership for service on the afternoon
of October 1, 2015.
15. Miscellaneous work related to cases not having cause numbers
because not yet pending (e.g., coordinating pre-suit mediation)
or are transactional (contract revision/review) (performed
variously over the course of the last month).
IV.
No previous extensions have been requested and granted in this matter.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to
extend his time for filing his brief to thirty (30) days from the date his brief is
currently due.
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 7 Darrell Wayne Love v. State; Cause No. 03-15-00462-CR Respectfully submitted:
/s/ Justin Bradford Smith Justin Bradford Smith Texas Bar No. 24072348
Harrell, Stoebner, & Russell, P.C. 2106 Bird Creek Drive Temple, Texas 76502 Phone: (254) 771-1855 FAX: (254) 771-2082 Email: justin@templelawoffice.com
CERTIFICATE OF SERVICE
I hereby certify that, on October 21, 2015, a true and correct copy of the
Appellant’s First Motion to Extend Time to File Appellant’s Brief was provided to
counsel via the method indicated below:
Bob Odom Bell County District Attorney’s Office P.O. Box 540 Belton, Texas 76513 Email: DistrictAttorney@co.bell.tx.us VIA ESERVICE Attorneys for State of Texas
/s/ Justin Bradford Smith Justin Bradford Smith
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 8 Darrell Wayne Love v. State; Cause No. 03-15-00462-CR