Walker, Shelley

• Court: Court of Appeals of Texas
• Decided: November 13, 2015
• Docket: PD-1430-14
• Status: Published

Opinion

PD-1430-14 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 11/13/2015 2:38:11 PM CAUSE NO. PD-1430-14 Accepted 11/13/2015 2:44:38 PM ABEL ACOSTA CLERK SHELLEY WALKER § IN THE COURT OF CRIMINAL § VS. § APPEALS IN § THE STATE OF TEXAS § AUSTIN, TEXAS November 13, 2015 MOTION TO EXTEND TIME TO FILE THE BRIEF ON THE MERITS TO THE HONORABLE JUSTICES OF SAID COURT: Now comes Appellant and Petitioner in the above styled and numbered cause,

and moves this Court to grant an extension of time to file appellant's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure, and for good cause shows the

following:

1. This case is on appeal from the 241st Judicial District Court of Smith

County, Texas.

2. The case below was styled State v. Shelley Walker and numbered 241-0593-12. 3. Appellant was convicted of Injury to a Child and was assessed a sentence of twenty-five (25) years confinement in the Texas Department of Criminal

Justice-Institutional Division.

4. The Appellant’s Brief was filed with the Twelfth Court of Appeals on July 3,

2013. The Opinion was issued on September 17, 2014 by the Twelfth Court of

Appeals, Tyler, Texas. 5. The Petition for Discretionary Review was filed on November 17, 2014. The

Petition for Discretionary Review was granted on October 14, 2015. 6. Counsel requests the Court an extension of ninety (90) days due to the number

of briefs with deadlines. Appellant requests an extension of time due to the

following facts and circumstances.

Since the Petition for Discretionary Review was granted in this case, Counsel has: A. Attended a federal seminar entitled “Defending the White Collar Case:

In and Out of Court” in New York, New York starting on October 22, 2015

and concluding on October 24, 2015;

B. Filed the Appellant’s Brief with the Twelfth Court of Appeals in Case No. 12-15-00071-CR, Harold Bass, Jr. v. The State of Texas on October 30,

2015; C. Tried the cases entitled, Case Nos. 201403358 and 201403357,

Commission on Lawyer Discipline v. J. R. T. in Rusk County, Texas on

October 30, 2015;

D. Participated in the Texas Indigent Defense Commission Webinar on the criminal appellate Delphi Seminar on November 10, 2015. Appellant’s

Attorney is board certified in Criminal Appellant Law and is also a

member of the PDP Criminal Law Planning Committee for the State Bar

of Texas; and

E. Counsel has appeared in numerous hearings in state and federal court

over the last thirty days, including hearings in the Federal and State

District Courts, and hearings in Smith, Rains and Van Zandt Counties.

7. Appellant’s Counsel has the following briefs that are also due to the Twelfth

Court of Appeals:

A. Cedric Humber v. The State of Texas, Case No. 12-15-00239-CR, on

November 12, 2015;

B. Steven Moore v. The State of Texas, Case No. 12-15-00195-CR, on November 30, 2015, with no further extensions;

C. Gaylord Stevens v. The State of Texas, Case Nos. 12-15-00162-CR, 12-15-

00163-CR and 12-15-00164-CR; D. In the Matter of S. M., a juvenile, Case No. 12-15-00243-CV, upon completion of the Clerk’s Record and Reporter’s Record; E. Neal Hunter v. The State of Texas, Case No. 12-15-00268-CR, upon the

completion of the Clerk’s Record and Reporter’s Record; and

F. Joseph Neal Jones v. The State of Texas, Case No. 12-15-00267-CR, upon

the completion of the Clerk’s Record and Reporter’s Record.

Appellant requests an extension of time due to the above referenced facts and circumstances.

8. Appellant prays that this Court grant this Motion to Extend Time to File

Appellant’s Brief for a period of ninety (90) days, and for such other and further

relief as the Court may deem appropriate.

Respectfully submitted,

Law Office of James W. Huggler, Jr. 100 E. Ferguson, Suite 805 Tyler, Texas 75702 Tel: (903) 593-2400 Fax: (903) 593-3830 By: /S/ James W. Huggler, Jr. James W. Huggler, Jr. State Bar No. 00795437 Attorney for APPELLANT

CERTIFICATE OF SERVICE

This is to certify that on November 13, 2015, a true and correct copy of the above

and foregoing document was served on Michael West, Smith County District Attorney's

Office, 100 North Broadway, Tyler, Texas 75702, and Lisa McMinn, State Prosecuting

Attorney, PO Box 12405, Austin, Texas 78711, by regular mail, fax, or hand delivery.

/S/ James W. Huggler, Jr. James W. Huggler, Jr.