Karl Patrick Houlditch v. State

• Court: Court of Criminal Appeals of Texas
• Decided: March 20, 2015
• Docket: 06-14-00207-CR
• Status: Published

Opinion

ACCEPTED 06-14-00207-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 3/20/2015 2:24:35 PM DEBBIE AUTREY CLERK

NO. 06-14-00207-CR _____________________________________________________________ FILED IN IN THE COURT OF APPEALS 6th COURT OF APPEALS TEXARKANA, TEXAS FOR THE SIXTH APPELLATE DISTRICT OF TEXAS 3/20/2015 2:24:35 PM AT TEXARKANA DEBBIE AUTREY _____________________________________________________________ Clerk

KARL PATRICK HOULDITCH

vs.

THE STATE OF TEXAS _____________________________________________________________

Appealed from the 71st District Court of Harrison County, Texas Trial Cause No. 13-0263X _____________________________________________________________

APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE JUSTICES OF THE SIXTH COURT OF APPEALS:

COMES NOW KARL PATRICK HOULDITCH, APPELLANT, on appeal

in Cause No. 13-0263X, and files this, his First Motion for extension of

Time to File Appellate Brief, and pursuant to Rule 10.5(b), TEX. R. APP.

PROC., and pursuant to the extension policies of this Court, makes this

request to extend filing the brief in this cause and would show as follows:

I.

The Official Court Reporter has filed the Reporter’s record with this

Honorable Court. The undersigned has received copies of that record as well

as the Clerk’s Record. The deadline for filing Appellant’s Brief is on or before

March 25, 2015.

II.

Appellant requests an additional thirty (30) days in which to complete the

research and writing necessary for submission of the brief.

III.

As reasonable explanation for the need for an extension of time Appellant

would show as follows:

While counsel for Appellant has devoted time to reading the record,

research, and drafting the Brief, the Brief is not yet finished. Moreover, the record

is not yet complete, since there is an important exhibit missing, namely, State’s

Exhibit No. 1 from the hearing on the Motion to Suppress. Counsel has

communicated with the Court Reporter and District Clerk about this problem, and

reasonably expects that the Exhibit will be found and supplied, along with a

Supplemental Clerk’s Record of additional documents in the appeal. However, as

of this date, those matters are not yet resolved.

Appellate counsel has also during the past thirty days devoted his time to

other matters in his office, including, but not limited to, the following matters:

Work on Criminal Appeals

Continued correspondence with Appellant and preparation for oral argument

in Esaw Lampkin v. State, Appellate Cause No. 06-14-00024-CR.

Drafting and filing the Brief for Appellant in Cinque Ross vs. the State of

Texas, Appellate Cause No. 06-14-00157-CR.

Correspondence with client in Tommy Scott Thomas, Cause No. PD-0057-

15, Petition for Discretionary Review

Probate & Estate Work

Cause No. 2015-0031-E In re Estate of Hall: work on inventory and

correspondence with heirs

Cause No. 2013-0284-P, In re Estate of Bedsole: work on final accounting;

correspondence with client

Work on Civil Appeal

Correspondence with client in Cause No. 06-14-00087-CV, In the Interest of J.

M. A. E. W., A Child

Child Protective Services Work

CPS conferences, court hearings, correspondence in the following cases:

No. 2015-369-CR, “Interest of D.W. and K.W.”

No. 2015-178-DR, “Interest of X.D.T.”

No. 2013-983-DR, “Interest of K.S., A.C., R.L.C., and R.D.C.”

No. 2014-180-DR, “Interest of K.M. & K.J.”

No. 2014-1405-DR, “Interest of A.R. and F.L.R.”

No. 2014-1596-DR, “Interest of J. S., S. H., AND R. H.”

No. 2014-1776-DR, “Interest of D. N.”

Civil Litigation

Drafting motions, getting settings, correspondence, and/or other activities in

following:

Cause No. 2014-2434-CCL2, Pope & Turner, Inc., of Overton vs. John

Edward McDade, Jr., et al, pending in County Court at Law No. 2, Gregg County

Cause No. CV14-1856, Sacor Financial, Inc., etc. vs. Texas Bank & Trust,

pending in 43rd District Court of Parker County, action in garnishment

Cause No. S1-122-14, Pegues-Hurst vs. David Williams, Inc; preparation for

trial and obtaining default judgment

Cause No. 2014-2257-B, Texas Bank & Trust vs. Johnson, working on

agreement to conclude litigation

Counsel has also spent several hours in conference during each week of the

past 30- day period with clients who have consulted with counsel on such diverse

areas of law as collections, criminal law, probate, juvenile, and other legal matters.

With a grant of an additional thirty days Appellate counsel plans to finish

writing the brief and submit it to the Court, provided the missing exhibit is

supplied and the Supplemental Clerk’s Record is filed.

IV.

There has previously been no motion filed for extension of time, or grants of

time extended to Appellant, for the filing of Appellant's brief.

WHEREFORE, PREMISES CONSIDERED, KARL HOULDITCH,

Appellant, respectfully requests that this Honorable Court of Appeals will, upon

reviewing this Motion, grant the extension of time for filing Appellant's brief as

requested herein, and for such other relief to which Appellant may be entitled.

Respectfully submitted,

LAW OFFICES OF LEW DUNN

_/s/ Lew Dunn_ Lew Dunn Attorney at Law 201 E. Methvin, Suite 102 P.O. Box 2226 Longview, Texas 75606 903-757-6711 FAX 903-757-6712 Texas State Bar No. 06244600 ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing Motion

was hand-delivered or sent by first class mail or by electronic transmission to

the office of Hon. Tim Cariker, Assistant Criminal District Attorney, Harrison

County Courthouse, 200 W. Houston Street, Suite 206, Marshall, Texas 75670 on

this 20 day of March, 2015.

/s/_LewDunn_____________ Lew Dunn COUNSEL FOR APPELLANT