Joseph Tate Bailey v. State

Opinion

ACCEPTED

01-15-00215-CR

FIRST COURT OF APPEALS

FILED IN HOUSTON, TEXAS st 1 COURT OF APPEALS 6/15/2015 12:00:00 AM HOUSTON, TX CHRISTOPHER PRINE CLERK

June 15, 2015 CHRISTOPHER A. PRINE, NO. 01-15-00215-CR CLERK

FILED IN

JOSEPH BAILEY 1st OF IN THE 1 ST COURT COURT OF APPEALS APPEALS

HOUSTON, TEXAS

6/14/2015 3:04:36 PM

VS.

CHRISTOPHER A. PRINE

Clerk

THE STATE OF TEXAS HOUSTON, TEXAS

FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW LANA GORDON, Appointed counsel for Appellant,JOSEPH BAILEY, who files this Motion and as grounds therefore would show as follows:

I.

Counsel was appointed to represent Mr. Bailey who was charged with Murder. Upon a plea of not guilty, a jury convicted him of Murder in cause number 1411201 in the 248 th District Court on February 24, 2015. Notice of Appeal was timely given after the jury assessed punishment at 35 years in prison.

The brief was due June 12, 2015. Apologizing to this Honorable court for the late filing of this Motion for Extension of Time to File Brief, Counsel requests one sixty day extension.

II.

Counsel has had various professional and personal matters which made it impossible to have the brief filed on the original due date of June 12, 2015.

Counsel also has other appellate cases to address: Ex Parte Taylor, Williams v. State, Ex Parte January, Ex Parte Cain, Siros v. State and Adekeye v. State, including two capital murders, among others.

Further, counsel is the primary person caring for an elderly, very ill relative now and there have been various health crises she has addressed for him in the last month, taking much of counsel’s time and energy.

II.

This case is complex, with complicated legal issues regarding a significant amount of time to organize and present in a brief.

III.

Counsel requests one 60 day extension, causing the brief to be due August 12, 2015. WHEREFORE, PREMISES CONSIDERED, Counsel prays that this Honorable Court grant this Motion to Extend Time to File Appellant’s Brief and permit her to file it on or before August 12, 2015.

Respectfully Submitted,

/s/ Lana Gordon

Lana Gordon

Counsel for Appellant

TBN: 08202700

3730 Kirby, Suite 1120

Houston, Texas 77098

TEL: (713) 520-5223

FAX: (713)520-5455

Lanagordonlaw@aol.com

CERTIFICATE OF SERVICE

On June 14, 2015, this Motion was served upon the State of Texas, Harris County District Attorney’s office by e-service herein.

/s/Lana Gordon

LANA GORDON