Davis, Franklin

• Court: Texas Supreme Court
• Decided: June 22, 2015
• Docket: AP-77,031
• Status: Published

Opinion

ap-77,031 FILED IN COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 6/15/2015 11:42:10 AM

June 15, 2015 Accepted 6/15/2015 1:31:33 PM ABEL ACOSTA NO. AP-77,031 CLERK ABELACOSTA, CLERK IN THE COURT OF CRIMINAL APPEALS OF TEXAS

A FRANKLIN DAVIS, Appellant •<<« V.

THE STATE OF TEXAS, Appellee

STATE'S SECOND MOTION TO EXTEND THE TIME TO FILE BRIEF

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

THE STATE OF TEXAS, by and through the Criminal District Attorney of

Dallas County, respectfully requests that the time for filing its brief in this cause be

extended. In support of this motion, the State would show the following:

Appellant is confined pursuant to the judgment and sentence of the Criminal

District Court Number 7 of Dallas County, convicting him of the capital murder of

Shania Gray. On November 16, 2013, the jury answered the special issues so as to

support the imposition of a death sentence, and the trial court sentenced him to

death. Appeal to this Court is automatic. After requesting two extensions, Appellant filed his brief on February 27, 2015. The State's brief was originally

due on March 30, 2015. The State requested one previous extension. The Court

granted that request, in part, extending the deadline 90 days, until June 29, 2015.

II.

The State respectfully requests that the Court extend the deadline for the

filing of the State's brief for 30 days, until July 29, 2015.

III.

The State would show the Court that a reasonable explanation exists for the

requested 30-day extension. The undersigned counsel manages an extensive non

capital and capital docket. Since the filing of the prior extension motion, counsel

has completed the following:

- Read the record, researched issues, and drafted the State's brief in Albert

Ayala, Jr. v. The State of Texas, a direct appeal in the Fifth District Court of

Appeals;

- Read the record, researched issues, and drafted the State's Brief in Allen

Maurice Little v. The State of Texas, a direct appeal in the Fifth District

Court of Appeals;

- Read the record, researched issues, and interviewed witnesses in preparation

for the evidentiary hearing in Ex parte Roderick Harris, a capital writ

proceeding, which was originally set for the week of May 18, 2015, but was stayed on April 30, 2015;

Drafted and filed the State's response to 34 non-capital applications for writ

of habeas corpus;

Drafted and filed the State's Supplemental Response in the following non

capital writs:

• Ex parte Juan Francisco Turcios

• Ex parte Bobby Drew Autry

• Ex parte Christopher Arnone

• Ex parte Gerardo Reyna

Reviewed the trial file, researched the issues and appeared for an evidentiary

hearing in Exparte Reyna, which was held on April 24, 2015;

Reviewed the trial file, and researched the issues in preparation for an

evidentiary hearing in Ex parte Jose Marentes;

Reviewed the trial file, and researched the issues in preparation for an

evidentiary hearing currently set for June 19, 2015 in Exparte Jose Bonilla;

Reviewed the trial file, and researched the issues in preparation for an

evidentiary hearing currently set for June 26, 2016 in Exparte Keliam Rudd;

Processed four trial files for review by writ counsel pursuant to the Dallas

County District Attorney's post-conviction open-file policy.

Over the next few weeks, the undersigned will be required to continue to manage her non-capital habeas corpus writ docket in three assigned courts in

addition to completing her work in the instant brief. The undersigned must also

draft and file the State's Supplemental Response in the following non-capital writs:

- Ex parte Keliam Rudd,

- Ex parte Cedric Butler,

- Ex parte Eric Warren,

- Ex parte Sanchez Henry.

IV.

Appellant has filed a 148-page brief presenting 48 issues for review. The

reporter's record consists of 78 volumes, and appellant's issues cover all phases of

the trial, from pre-trial through the punishment phase.

As of today, the undersigned has completed reading the reporter's record

and is diligently working to research and brief all 48 issues. This is counsel's first

capital direct appeal and, as such, ample time is needed for drafting and editing as

well as revision at her supervisor's discretion.

V.

The undersigned has conferred with the Appellant's counsel, John Tatum,

and he has no objection to the State's motion. VI.

For all of the foregoing reasons, counsel respectfully that the Court extend

the deadline for filing the State's brief until July 29, 2015 (30 days).

WHEREFORE, PREMISES CONSIDERED, the State respectfully requests

that the Court extend the deadline for filing the State's brief until July 29, 2015

(30 days).

Respectfully submitted,

Isl Rebecca D. Ott

Susan Hawk Rebecca D. Ott Criminal District Attorney Assistant District Attorney Dallas County, Texas State Bar No. 24074842 Frank Crowley Courts Building 133 N. Riverfront Blvd., LB-19 Dallas, Texas 75207-4399 (214)653-3625 (phone) (214)653-3643 (fax) Rebecca.Ott@dallascounty.org

CERTIFICATE OF SERVICE

I certify that a true copy of this motion was served on appellant's counsel, John Tatum, 990 S. Sherman Street, Richardson, Texas, 75081, jtatumlaw@gmail.com, via eFile on June 15, 2015.

Rebecca D. Ott