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:

2  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

3 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

4 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.