Shortt, Bernard Winfield

Opinion

PD-0597-15

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 10/6/2015 11:32:10 AM Accepted 10/6/2015 12:37:09 PM ABEL ACOSTA

COURT OF CRIMINAL APPEALS CLERK

PD-0597-15 October 6, 2015

Bernard Winfield Shortt, Appellant, v.

State of Texas, Appellee.

On Discretionary Review from No. 05-13-01639-CR Fifth Court of Appeals

On Appeal from No. F07-00193 194th Judicial District Court, Dallas County

Motion to Extend Time to File Appellant’s Brief

Michael Mowla P.O. Box 86 8 Cedar Hill, TX 75106 Phone: 972-795-2401 Fax: 972-692-6636 michael@mowlalaw.com Texas Bar No. 24048680 Attorney for Appellant

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To the Honorable Judges of the Court of Criminal Appeals:

Appellant files this motion to extend time to file the Appellant’s Brief:

1. On May 12, 2015, in Shortt v. State, 05-13-01639-CR (Tex. App.

Dallas, May 12, 2015), the Court of Appeals dismissed Appellant’s appeal,

claiming lack of jurisdiction.

2. On June 30, 2015, Appellant filed the petition for discretionary

review.

3. On September 16, 2015, this Court granted the petition for

discretionary review.

4. The Appellant’s Opening Brief is due on October 16, 2015.

5. For good cause, Appellant asks for an extension of 15 days to file the

Appellant’s Brief, i.e., until October 31, 2015.

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

7. Appellant relies on the following facts as good cause for the requested

extension: Attorney for Appellant just completed an appellant’s brief in Gresham

v. Fischer, 15-50642, filed in the Fifth Circuit.

8. Further, Attorney for Appellant has the following briefs, petitions for

discretionary review, or other pleadings due soon:

 Von Tungeln v. State, PD-1016-15, petition for discretionary review due in the Court of Criminal Appeals, October 8, 2015.

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 Geiger v. State, 08-15-00213, appellant’s brief due in the Eighth Court of Appeals, October 21, 2015

 Brenes v. State, 06-15-00108, appellant’s brief due in the Sixth Court of Appeals, October 30, 2015

 Estrada v. Healey, 15-20475, appellant’s brief due in the Fifth Circuit Court of Appeals, November 2, 2015

9. In addition, Mowla has been working on two complex death penalty

habeas corpus 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.

10. Finally, Mowla continues work on several habeas cases involving the

underlying issue in Miller v. Alabama, 132 S.Ct. 2455 (2012).

11. This Motion is not filed for purposes of delay, but so that justice may

be served.

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

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/s/ Michael Mowla By: Michael Mowla

Certificate of Service

This certifies that on October 6, 2015, a copy of this document was served on Lori Ordiway and Lisa Smith of the Dallas County District Attorney’s Office, Appellate Division, 133 N. Riverfront Boulevard, Dallas, Texas 75207 by email to lori.ordiway@dallascounty.org, lisa.smith@dallascounty.org, and DCDAAppeals@dallascounty.org; on Marissa Elmore at marisa.elmore@dallascounty.org; and on Lisa McMinn, the State Prosecuting Attorney, by email to Lisa.McMinn@spa.texas.gov, and John Messinger, Assistant State Prosecuting Attorney, by email to john.messinger@spa.state.tx.us. See Tex. Rule App. Proc. 9.5 (2015) and Tex. Rule App. Proc. 68.11 (2015).

/s/ Michael Mowla By: Michael Mowla