Emajin Trevon Jackson v. State

• Court: Court of Appeals of Texas
• Decided: June 21, 2015
• Docket: 05-15-00414-CR
• Status: Published

Opinion

ACCEPTED 05-15-00414-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 6/22/2015 12:00:00 AM LISA MATZ CLERK

FIFTH COURT OF APPEALS FILED IN 5th COURT OF APPEALS 05-15-00414-CR DALLAS, TEXAS 6/21/2015 9:16:40 PM 05-15-00415-CR LISA MATZ Clerk

Emajin Trevon Jackson, Appellant v. State of Texas, Appellee

On Appeal from Criminal District Court No. 6 Dallas County, Texas No. F14-58177 and F14-58178

Motion to Extend Time to File Appellant’s Brief

Michael Mowla 445 E. FM 1382 No. 3-718 Cedar Hill, Texas 75104 Phone: 972-795-2401 Fax: 972-692-6636 michael@mowlalaw.com Texas Bar No. 24048680 Attorney for Appellant

1 To the Honorable Justices of the Court of Appeals:

Appellant Emajin Trevon Jackson files this motion for extension of time to

file the Appellant’s Brief moves for an extension of time to file the Appellant’s

Brief [See Tex. Rule App. Proc. 10.5(b) and 38.6(c)]:

1. This case is on appeal from Criminal District Court No. 6 of Dallas

County, Texas.

2. The cases below are styled the State of Texas v. Emajin Trevon

Jackson, and are numbered F14-58177 and F14-58178.

3. On March 25, 2015, sentence was imposed in open court.

4. Appellant was convicted of Aggravated Robbery with a Deadly

Weapon in 05-15-00414-CR (F14-58177) and Evading Arrest in 05-15-00414-CR

(F14-58178).

5. Appellant is presently incarcerated.

6. The reporter’s record was filed on June 11, 2015.

7. The clerk’s record was filed on May 26, 2015.

8. The Appellant’s Brief is due on July 11, 2015.

9. Appellant requests an extension of time of 30 days from the present

due date to file the Appellant’s Brief, i.e., until August 10, 2015.

10. No previous extension to file the Appellant’s Brief has been filed.

11. Appellant relies on the following facts as good cause for the requested

2 extension: Attorney for Appellant just completed a reply brief in Esparza v.

Stephens, 4-14-CV-0694, Eastern District of Texas.

12. Further, Attorney for Appellant has the following briefs, petitions for

discretionary review, or other pleadings due soon:

 Murray v. Texas, petition for writ of certiorari due on July 14, 2015 in the Supreme Court of the United States.

 State v. Hill III, PD-0019-15, PD-0020-15, PD-0021-15, and PD- 0022-15, brief due on July 10, 2015 in the Court of Criminal Appeals.

 Garmon v. State, PD-0596-15, petition for discretionary review due on July 13, 2015 in the Court of Criminal Appeals.

 Shortt v. State, PD-0597-15, petition for discretionary review due on July 13, 2015 in the Court of Criminal Appeals.

 Zimmerman v. Cutler, et al, 15-50424, appellant’s brief due on July 21, 2015 in the Fifth Circuit.

13. In addition, Attorney for Appellant continues work on a federal

habeas corpus death penalty case, Jones v. Stephens, 4:05-CV-638-Y.

14. Further, Attorney for Appellant also continues work on a state habeas

corpus death penalty case, Ex parte Thomas, F86-85539, in the 194th Judicial

District Court.

15. Finally, Attorney for Appellant continues work on several habeas

cases involving the underlying issue in Miller v. Alabama, 132 S.Ct. 2455 (2012).

16. Attorney for Appellant has a responsibility to Appellant to provide

3 Appellant with the effective assistance of appellate counsel, see Evitts v. Lucey,

469 U.S. 387, 392 (1985), and Attorney for Appellant believes that that the

additional time is necessary to provide such effective appellate counsel.

17. Attorney for Appellant thus requests the extension so that he may

properly prepare the Appellant’s Brief in accordance with Attorney for Appellant’s

standards and to provide Appellant the effective assistance of appellate counsel.

18. This Motion is not filed for purposes of delay, but so that justice may

be served.

Prayer

Appellant prays that this motion for extension of time to file the Appellant’s

Brief be granted.

Respectfully submitted,

Michael Mowla 445 E. FM 1382 No. 3-718 Cedar Hill, Texas 75104 Phone: 972-795-2401 Fax: 972-692-6636 Email: michael@mowlalaw.com Texas Bar No. 24048680 Attorney for Appellant

/s/ Michael Mowla Michael Mowla

4 Certificate of Service

I certify that on June 21, 2015, a true and correct copy of this document was served by email on the District Attorney’s Office, Dallas County, Appellate Division to Lori Ordiway at lori.ordiway@dallascounty.org and Lisa Smith at lisa.smith@dallascounty.org.