Natalie Ausbie Reynolds v. State

Opinion

ACCEPTED

06-15-00194-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

12/24/2015 11:39:44 AM

DEBBIE AUTREY

CLERK

SIXTH COURT OF APPEALS

FILED IN

06-15-00194-CR 6th COURT OF APPEALS TEXARKANA, TEXAS

12/28/2015 9:07:00 AM

Natalie Ausbie Reynolds, Appellant DEBBIE AUTREY Clerk

v.

State of Texas, Appellee

On Appeal from the 354th District Court Hunt County

Cause No. 29263

Motion to Extend Time to File Appellant’s Brief

Michael Mowla P.O. Box 868 Cedar Hill, TX 75106 Phone: 972-795-2401 Fax: 972-692-6636 michael@mowlalaw.com Texas Bar No. 24048680 Attorney for Appellant

To the Honorable Justices of the Court of Appeals:

Appellant Natalie Ausbie Reynolds moves for an extension of time of 30 days 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 the 354th District Court of Hunt County.

2. The case below is styled State v. Reynolds, and is numbered 29263.

3. Sentence was imposed in open court on October 20, 2015.

4. Appellant was convicted of Official Oppression.

5. The clerk’s record was filed on December 23, 2015.

6. The reporter’s record was filed on December 22, 2015.

7. The Appellant’s Brief is due on January 22, 2016.

8. Appellant requests an extension until February 22, 2016 to file the Appellant’s Brief.

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

10. Appellant relies on the following facts as good cause for the requested extension: undersigned attorney for Appellant is presently working on two applications for writs of habeas corpus due to be filed by the middle of January 2016. One deals with a continuation of the underlying issues in Miller v. Alabama, 132 S.Ct. 2455 (2012). The other deals with the sex offender registration statute.

11. Further, attorney for Appellant has the following briefs, petitions for discretionary review, or other pleadings due soon:

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 Appellant’s Brief in Nguyen v. State, 06-15-00127-CR, due on January 4, 2016 in the Sixth Court of Appeals.

 Petition for Discretionary Review in Lowe v. State, PD-1427-15, due on January 4, 2016 in the Court of Criminal Appeals.

 Appellant’s Brief in USA v. Ziba, 15-10873, due on January 15, 2016 in the Fifth Circuit.

 Appellant’s Brief in Jack v. State, 01-15-00848-CR, due on January 18, 2016 in the First Court of Appeals.

 Appellant’s Brief in Perez v. State, 07-15-00320-CR, due on February 16, 2016 in the First Court of Appeals.

12. In addition, attorney for Appellant has been working on two complex death penalty habeas cases - Ex parte Thomas, F86-85539, in the 194th Judicial District Court, and Green v. Director, 3:15-cv-02197-M-BH, in the Northern District of Texas.

13. Also on January 13, 2016, attorney for Appellant has oral argument before the Court of Criminal Appeals in Shortt v. State, PD-0597-15.

14. Finally, during the week of January 25, 2016, attorney for Appellant has a jury trial in a murder case in State v. Robic, F15-23573, in the 282nd District Court.

15. These cases are in addition to the hearings and trial dockets of attorney for Appellant.

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

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effective assistance of appellate counsel, see Evitts v. Lucey, 469 U.S. 387, 392 (1985), and attorney for Appellant believes that that the requested additional time is necessary to provide such counsel.

17. 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 Appellant’s Brief be granted.

Respectfully submitted,

Michael Mowla

P.O. Box 868

Cedar Hill, TX 75106

Phone: 972-795-2401

Fax: 972-692-6636

michael@mowlalaw.com

Texas Bar No. 24048680

Attorney for Appellant

/s/ Michael Mowla

Michael Mowla

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Certificate of Service

I certify that on December 24, 2015, a true and correct copy of this document was served on Hunt County District Attorney Nobie Walker, 2507 Lee Street, Greenville, TX 75401, phone 903-408-4180, fax 903-408-4296, nwalker@huntcounty.net, by email.

/s/ Michael Mowla

Michael Mowla