ACCEPTED 03-17-00515-CR 21286863 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/14/2017 10:09 AM JEFFREY D. KYLE CLERK CAUSE NO. 03-17-00515-CR _________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 12/14/2017 10:09:36 AM AUSTIN DIVISION JEFFREY D. KYLE _________________________________________________Clerk
SHAQUAN CAMPBELL § § v. § § THE STATE OF TEXAS § _______________________________________________
APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF _______________________________________________
Justin Bradford Smith Texas Bar No. 24072348 Harrell, Stoebner, & Russell, P.C. 2106 Bird Creek Drive Temple, Texas 76502 Phone: 254-771-1855 Fax: 254-771-2082 Email: justin@templelawoffice.com
ATTORNEY FOR APPELLANT
State’s First Motion for Extension of Time to File Brief Page 1 Campbell v. State; Cause No. 03-17-00515-CR TO THE HONORABLE COURT OF APPEALS:
COMES NOW, Appellant, SHAQUAN CAMPBELL, who files this First
Motion for Extension of Time to File Brief and shows unto the Court as follows:
I.
Appellant’s Brief is due on or before December 14, 2017.
II.
Appellant is asking for an additional thirty days to file his brief, which
should make his brief due on or before January 15, 2017 (actual deadline falls on
Saturday, January 13, 2017).
III.
Facts relied on to reasonably explain the need for an extension include the
following:
1. Draft brief, perform/review legal research, client
communication, send required number of paper copies to Court
of Criminal Appeals in Lang v. State; PD-0563-17. (Work
performed (within last thirty day period) on November 14,
2017; November 15, 2017; November 16, 2017; November 17,
2017; November 18, 2017; November 20, 2017; November 21,
2017).
State’s First Motion for Extension of Time to File Brief Page 2 Campbell v. State; Cause No. 03-17-00515-CR 2. Draft brief, review parts of record, perform/review legal
research, overview of State’s brief, several (and one very
detailed) client communications in McBride v. State; Cause No.
03-17-00271-CR. (Work performed during last thirty day
period includes November 21, 2017; November 22, 2017;
November 27, 2017; November 28, 2017; November 29, 2017;
November 30, 2017; December 1, 2017; December 4, 2017;
December 13, 2017) (was on third extension of time to file brief
as well)
3. For new appeal, jail visit with client and draft detailed amended
motion for new trial, motion for mandatory community
supervision, motion for release on bail pending appeal; motion
for new trial; notice of appeal; request for reporter’s record;
request for clerk’s record; perform/review legal research
regarding mandatory community supervision and ineffective
assistance in the context of an involuntary plea;
communications with State’s attorneys and defendant’s trial
attorney; initial client communication. All in Smith v. State;
Cause No. 03-17-XXXXX-CR; Trial Court Cause No. 77,497;
State’s First Motion for Extension of Time to File Brief Page 3 Campbell v. State; Cause No. 03-17-00515-CR 264th District Court; Bell County, Texas. (Work performed on
December 4, 2017; December 6, 2017; December 7, 2017;
December 8, 2017; December 11, 2017).
4. Review record, perform research, second motions for extension
of time to file briefs and begin drafting brief (in 10-17-00150-
CR) in Summers v. State; 10-17-00150-CR and 10-17-00151-
CR. (Work performed on November 17, 2017; November 28,
2017; November 29, 2017; December 5, 2017; December 6,
2017; December 7, 2017; December 8, 2017; December 9,
5. Overview of State’s brief, evaluation of whether reply brief
warranted, and began drafting reply brief (but decided against
submitting it), client communication in Smith v. State; PD-
0514-17. (Work performed on November 21, 2017; December
5, 2017).
6. Overview of State’s brief, and detailed client communication
enclosing same in Ballard v. State; Cause No. 03-17-00040-CR.
(Work performed on December 6, 2017).
State’s First Motion for Extension of Time to File Brief Page 4 Campbell v. State; Cause No. 03-17-00515-CR 7. First Motion for Extension of Time to File Brief in State v.
Bryan; Cause No. 11-17-00236-CR. (Work performed on
November 15, 2017).
8. Motion for Continuance and client communication in Ex parte
Marsh; Cause No. CR03262; 220th District Court; Comanche
County, Texas. (Work performed on November 15, 2017;
November 22, 2017).
9. Overview of State’s brief and detailed client communication
regarding why certain issues were not raised in Goodin v. State;
Cause No. 11-17-00073-CR. (Work performed on November
20, 2017).
10. Work related to dependent administration (e.g., work related to
hiring CPA for unpaid income tax issue; client telephone
conference; meeting regarding discovery and retaining
accounting services) in In the Estate of Charping, Deceased;
Cause No. 32,155; County Court at Law No. 1, Bell County.
(Work performed on November 21, 2017; November 28, 2017;
November 29, 2017).
State’s First Motion for Extension of Time to File Brief Page 5 Campbell v. State; Cause No. 03-17-00515-CR 11. Hearing on motion for default judgment in Rudy’s Repair and
Remodel, LLC v. Coleman; Cause No. 422017S0039544;
Justice of the Peace, Precinct 4, Place 2; Bell County, Texas.
(Work performed on November 28, 2017).
12. Work related to application to determine heirship and related
matters in Estate of Miller; Cause No. 17-9898; Coryell
County, Texas. Work includes issues surrounding property left
in road after foreclosure, attempting to evaluate adoption claim
by other person, coordinating hearing date, etc. (Work
performed on November 20, 2017; November27, 2017;
November 29, 2017; December 1, 2017; December 6, 2017;
December 11, 2017; December 13, 2017).
13. Tax foreclosure hearing as attorney ad litem on December 14,
2017 in the 169th District Court of Bell County, Texas, and
preparatory work. (Hearing on December 14, 2017, but much
work leading up to the hearing for the many cases originally
set).
14. Thanksgiving lunch at children’s school on November 14,
2017.
State’s First Motion for Extension of Time to File Brief Page 6 Campbell v. State; Cause No. 03-17-00515-CR 15. Time “lost” on November 16, 2017 driving for oldest son’s
school field trip.
16. Office was closed for Thanksgiving and Black Friday.
(November 23, 2017; November 24, 2017).
17. Miscellaneous work/work-related activity (e.g., revising drafts
of documents, demand letter, 501(c)(3) application, etc.)
(performed variously over the course of the last month).
IV.
No previous extension has been requested and granted in this matter.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to
extend his time for filing his brief to thirty (30) days from the date his brief is due.
Respectfully submitted:
/s/ Justin Bradford Smith Justin Bradford Smith Texas Bar No. 24072348
Harrell, Stoebner, & Russell, P.C. 2106 Bird Creek Drive Temple, Texas 76502 Phone: (254) 771-1855 Fax: (254) 771-2082 Email: justin@templelawoffice.com
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ACCEPTED 03-17-00515-CR 21286863 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/14/2017 10:09 AM JEFFREY D. KYLE CLERK CAUSE NO. 03-17-00515-CR _________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 12/14/2017 10:09:36 AM AUSTIN DIVISION JEFFREY D. KYLE _________________________________________________Clerk
SHAQUAN CAMPBELL § § v. § § THE STATE OF TEXAS § _______________________________________________
APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF _______________________________________________
Justin Bradford Smith Texas Bar No. 24072348 Harrell, Stoebner, & Russell, P.C. 2106 Bird Creek Drive Temple, Texas 76502 Phone: 254-771-1855 Fax: 254-771-2082 Email: justin@templelawoffice.com
ATTORNEY FOR APPELLANT
State’s First Motion for Extension of Time to File Brief Page 1 Campbell v. State; Cause No. 03-17-00515-CR TO THE HONORABLE COURT OF APPEALS:
COMES NOW, Appellant, SHAQUAN CAMPBELL, who files this First
Motion for Extension of Time to File Brief and shows unto the Court as follows:
I.
Appellant’s Brief is due on or before December 14, 2017.
II.
Appellant is asking for an additional thirty days to file his brief, which
should make his brief due on or before January 15, 2017 (actual deadline falls on
Saturday, January 13, 2017).
III.
Facts relied on to reasonably explain the need for an extension include the
following:
1. Draft brief, perform/review legal research, client
communication, send required number of paper copies to Court
of Criminal Appeals in Lang v. State; PD-0563-17. (Work
performed (within last thirty day period) on November 14,
2017; November 15, 2017; November 16, 2017; November 17,
2017; November 18, 2017; November 20, 2017; November 21,
2017).
State’s First Motion for Extension of Time to File Brief Page 2 Campbell v. State; Cause No. 03-17-00515-CR 2. Draft brief, review parts of record, perform/review legal
research, overview of State’s brief, several (and one very
detailed) client communications in McBride v. State; Cause No.
03-17-00271-CR. (Work performed during last thirty day
period includes November 21, 2017; November 22, 2017;
November 27, 2017; November 28, 2017; November 29, 2017;
November 30, 2017; December 1, 2017; December 4, 2017;
December 13, 2017) (was on third extension of time to file brief
as well)
3. For new appeal, jail visit with client and draft detailed amended
motion for new trial, motion for mandatory community
supervision, motion for release on bail pending appeal; motion
for new trial; notice of appeal; request for reporter’s record;
request for clerk’s record; perform/review legal research
regarding mandatory community supervision and ineffective
assistance in the context of an involuntary plea;
communications with State’s attorneys and defendant’s trial
attorney; initial client communication. All in Smith v. State;
Cause No. 03-17-XXXXX-CR; Trial Court Cause No. 77,497;
State’s First Motion for Extension of Time to File Brief Page 3 Campbell v. State; Cause No. 03-17-00515-CR 264th District Court; Bell County, Texas. (Work performed on
December 4, 2017; December 6, 2017; December 7, 2017;
December 8, 2017; December 11, 2017).
4. Review record, perform research, second motions for extension
of time to file briefs and begin drafting brief (in 10-17-00150-
CR) in Summers v. State; 10-17-00150-CR and 10-17-00151-
CR. (Work performed on November 17, 2017; November 28,
2017; November 29, 2017; December 5, 2017; December 6,
2017; December 7, 2017; December 8, 2017; December 9,
5. Overview of State’s brief, evaluation of whether reply brief
warranted, and began drafting reply brief (but decided against
submitting it), client communication in Smith v. State; PD-
0514-17. (Work performed on November 21, 2017; December
5, 2017).
6. Overview of State’s brief, and detailed client communication
enclosing same in Ballard v. State; Cause No. 03-17-00040-CR.
(Work performed on December 6, 2017).
State’s First Motion for Extension of Time to File Brief Page 4 Campbell v. State; Cause No. 03-17-00515-CR 7. First Motion for Extension of Time to File Brief in State v.
Bryan; Cause No. 11-17-00236-CR. (Work performed on
November 15, 2017).
8. Motion for Continuance and client communication in Ex parte
Marsh; Cause No. CR03262; 220th District Court; Comanche
County, Texas. (Work performed on November 15, 2017;
November 22, 2017).
9. Overview of State’s brief and detailed client communication
regarding why certain issues were not raised in Goodin v. State;
Cause No. 11-17-00073-CR. (Work performed on November
20, 2017).
10. Work related to dependent administration (e.g., work related to
hiring CPA for unpaid income tax issue; client telephone
conference; meeting regarding discovery and retaining
accounting services) in In the Estate of Charping, Deceased;
Cause No. 32,155; County Court at Law No. 1, Bell County.
(Work performed on November 21, 2017; November 28, 2017;
November 29, 2017).
State’s First Motion for Extension of Time to File Brief Page 5 Campbell v. State; Cause No. 03-17-00515-CR 11. Hearing on motion for default judgment in Rudy’s Repair and
Remodel, LLC v. Coleman; Cause No. 422017S0039544;
Justice of the Peace, Precinct 4, Place 2; Bell County, Texas.
(Work performed on November 28, 2017).
12. Work related to application to determine heirship and related
matters in Estate of Miller; Cause No. 17-9898; Coryell
County, Texas. Work includes issues surrounding property left
in road after foreclosure, attempting to evaluate adoption claim
by other person, coordinating hearing date, etc. (Work
performed on November 20, 2017; November27, 2017;
November 29, 2017; December 1, 2017; December 6, 2017;
December 11, 2017; December 13, 2017).
13. Tax foreclosure hearing as attorney ad litem on December 14,
2017 in the 169th District Court of Bell County, Texas, and
preparatory work. (Hearing on December 14, 2017, but much
work leading up to the hearing for the many cases originally
set).
14. Thanksgiving lunch at children’s school on November 14,
2017.
State’s First Motion for Extension of Time to File Brief Page 6 Campbell v. State; Cause No. 03-17-00515-CR 15. Time “lost” on November 16, 2017 driving for oldest son’s
school field trip.
16. Office was closed for Thanksgiving and Black Friday.
(November 23, 2017; November 24, 2017).
17. Miscellaneous work/work-related activity (e.g., revising drafts
of documents, demand letter, 501(c)(3) application, etc.)
(performed variously over the course of the last month).
IV.
No previous extension has been requested and granted in this matter.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to
extend his time for filing his brief to thirty (30) days from the date his brief is due.
Respectfully submitted:
/s/ Justin Bradford Smith Justin Bradford Smith Texas Bar No. 24072348
Harrell, Stoebner, & Russell, P.C. 2106 Bird Creek Drive Temple, Texas 76502 Phone: (254) 771-1855 Fax: (254) 771-2082 Email: justin@templelawoffice.com
State’s First Motion for Extension of Time to File Brief Page 7 Campbell v. State; Cause No. 03-17-00515-CR CERTIFICATE OF SERVICE
I hereby certify that, on December 14, 2017, a true and correct copy of the
Appellant’s First Motion to Extend Time to File Appellant’s Brief was provided to
counsel via email and/or eservice:
Bell County District Attorney c/o Bob Odom P.O. Box 540 Belton, Texas 76513 Phone: 254-933-5215 Fax: 254-933-5238 Email: Bob.Odom@bellcounty.texas.gov Attorneys for State of Texas
/s/ Justin Bradford Smith Justin Bradford Smith
State’s First Motion for Extension of Time to File Brief Page 8 Campbell v. State; Cause No. 03-17-00515-CR