Hill, Albert G.

• Court: Texas Supreme Court
• Decided: January 12, 2015
• Docket: PD-0022-15
• Status: Published

Opinion

PD-0019-15, PD-0020-15, PD-0021-15 & PD-0022-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 1/5/2015 12:00:00 AM Accepted 1/12/2015 6:28:34 PM ABEL ACOSTA COURT OF CRIMINAL APPEALS CLERK

PD-_______-15 0019 PD-_______-15 0020 JANUARY 12, 2015 PD-_______-15 0021 PD-_______-15 0022

State of Texas, Appellant, v. Albert G. Hill, III, Appellee. On Discretionary Review from No. 05-13-00421-CR, 05-13-00423-CR 05-13-00424-CR, and 05-13-00425-CR Fifth Court of Appeals, Dallas

On Appeal from No. F11-00180, F11-00182, F11-00183, and F11-00191 204th Judicial District Court, Dallas County

Motion to Extend Time to File Petition for Discretionary Review Michael Mowla 445 E. FM 1382 #3-718 Cedar Hill, Texas 75104 Phone: 972-795-2401 Fax: 972-692-6636 michael@mowlalaw.com Texas Bar No. 24048680 Attorney for Appellee To the Honorable Judges of the Court of Criminal Appeals:

Appellee Albert G. Hill, III moves for an extension of time of 30 days to file

a petition for discretionary review:

1. On December 29, 2014, in State v. Hill, 05-13-00421-CR, 05-13-

00423-CR, 05-13-00424-CR, and 05-13-00425-CR, 2014 Tex. App. LEXIS 13835

(Tex. App. Dallas, December 29, 2014), the Court of Appeals reversed the

judgment and order of the 204th Judicial District Court in which due to

prosecutorial misconduct, the trial court dismissed the indictments against

Appellee.

2. The petition for discretionary review is due on January 28, 2015.

3. For good cause, Appellee asks for an extension of 30 days until

February 27, 2015 to file the petition for discretionary review.

4. No previous extension to file the petition for discretionary review has

been filed.

5. Appellee relies on the following facts as good cause for the requested

extension: undersigned counsel Michael Mowla just completed an Appellant’s

Brief in Little v. State, 05-14-00697-CR, Fifth Court of Appeals.

6. Further, Mowla has the following briefs, petitions for discretionary

review, or other pleadings due soon:

 Petition for Writ of Certiorari in Victorik v. Texas, Supreme Court, due on January 9, 2015. Page 2 of 4  Petition for Discretionary Review in Johnson v. State, PD-1542-14, due on January 19, 2015.

 Response to Motion for Summary Judgment in Burress v. Blake, et al, 4-14-cv-00035-RAS-DDB, Eastern District of Texas, due on January 20, 2015.

 Appellant’s Brief in Von Tungeln v. State, 10-14-00329-CR, Tenth Court of Appeals, due on January 20, 2015.

 Petition for Discretionary Review in Thompson v. State, PD-1591-14, due on January 30, 2015.

 Reply Brief due in Jones v. Stephens, 4:05-CV-00638-Y, Northern District of Texas (death penalty case), due on February 5, 2015.

 Appellant’s Brief due in Williams v. State, 05-14-01481-CR and 05- 14-01482-CR, Fifth Court of Appeals, due on February 8, 2015.

 Appellant’s Brief due in King v. State, 05-14-01138-CR, Fifth Court of Appeals, due on February 21, 2015.

7. In addition, Mowla continues to work on a federal habeas corpus

death penalty case, Jones v. Stephens, 4:05-CV-638-Y, and is presently working on

the Reply in this case, due on February 5, 2015.

8. Mowla also continues to work on several habeas cases involving the

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

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

be served.

Page 3 of 4 Prayer

Appellee prays that this Court grant this motion for an extension of time to

file a petition for discretionary review.

Respectfully submitted,

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

/s/ Michael Mowla By: Michael Mowla

Certificate of Service

I certify that on January 3, 2015, a true and correct copy of this document was served on Michael Casillas and Lisa Smith of the District Attorney’s Office, Dallas County, Appellate Division, by email to michael.casillas@dallascounty.org and to lisa.smith@dallascounty.org, Charles “Chad” Baruch, special prosecutor, via email to baruchesq@aol.com, and on Lisa McMinn, the State Prosecuting Attorney, by email to Lisa.McMinn@spa.texas.gov, and John Messinger, Assistant State Prosecuting Attorney, by email to john.messinger@spa.state.tx.us. See Tex. Rule App. Proc. 9.5 (2015) and 68.11 (2015).

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