Earl Davis Williams, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: July 28, 2017
• Docket: 12-16-00325-CR
• Status: Published

Opinion

ACCEPTED

100LS :£0LI0Z-8Z-LO 12-16-00325-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 7/28/2017 4:09 PM Pam Estes CLERK

CAUSE NUMBER 12-16-00325-CR

EARL DAVIS WILLIAMS JR IN THE FILED IN 12th COURT OF APPEALS VS. TWELFTH JUDICIALTYLER, TEXAS DISTRICT 7/28/2017 4:09:44 PM THE STATE OF TEXAS COURT OF APPEALSPAM ESTES Clerk APPELLANT'S MOTION FOR LEAVE TO FILE LATE BRIEF

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW Appellant Earl Davis Williams Jr., 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 17th day of July 2017.

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 28th day of July 2017.

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 submits his work load is high. Counsel needs the requested extension of time to ZOO L c £0LIOZ -8Z-LO effectively represent Appellant. Appellant is entitled to the effective representation of Counsel.

IV.

Pursuant to Rule 10.5(b) (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 Earl Davis Williams Jr. 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,

606 East Crawford Street /s/ Colin D. McFall Palestine, Texas 75801-2963 COLIN D. MCFALL Telephone: 903-723-1923 Attorney at Law Facsimile: 903-723-0269 Texas Bar Number: 24027498 Email: cmcfall@mcfall-law-offi ce.com LIOZ-8Z-LO LS : CERTIFICATE OF SERVICE

- 00 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 Houston County

District Attorney, Donna Gordon Kaspar, at dgordon@co.houston.tx.us, by email transmission,

on the 28th day of July 2017.

606 East Crawford Street /s/ Colin D. McFall Palestine, Texas 75801-2963 COLIN D. MCFALL Telephone: 903-723-1923 Attorney at Law Facsimile: 903-723-0269 Texas Bar Number: 24027498 Email: cmcfall i@mcfal l-law-o flice.com 1700 Lc £0LIOZ -8Z-LO CAUSE NUMBER 12-16-00325-CR

EARL DAVIS WILLIAMS JR 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 years of age, of sound mind and

capable of making this Affidavit. I am the Attorney of Record for Earl Davis Williams Jr., 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 28th day of July

2017. :g ''''' DAWN M. MCFALL z*.ns Notary Public, State of Texas V;..--\14..c,S My Commission Expires ''''' October 01, 2017 06,0A0Yu )714 WI Notary Public in and for the State of Texas

My commission expires: 10 0 I -- 7