State v. D. Zavala ( 2020 )

05/21/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 19-0281 No. DA 19-0281 STATE OF MONTANA, Plaintiff and Appellee, v. DARRION LEE KRISTOPHER ZAVALA, Defendant and Appellant. MOTION FOR EXTENSION OF TIME WITH AFFIDAVIT IN SUPPORT COMES NOW, Kristen L. Peterson, Assistant Appellate Defender for the Appellate Defender Division, and respectfully requests an extension of time until June 26, 2020, in which to prepare, file, and serve the Appellant’s opening brief in the above-entitled matter. This is Appellant’s eleventh request for an extension. Appellant’s opening brief was first due July 29, 2019. Appellant’s opening brief is currently due May 27, 2020. Appellant submits the attached affidavit in support of this motion. Opposing counsel has been contacted and has no objection. Respectfully submitted this 20th day of May, 2020. OFFICE OF STATE PUBLIC DEFENDER APPELLATE DEFENDER DIVISION P.O. Box 200147 Helena, MT 59620-0147 By: /s/ Kristen L. Peterson KRISTEN L. PETERSON Assistant Appellate Defender MOTION FOR EXTENSION OF TIME WITH AFFIDAVIT IN SUPPORT PAGE 2 STATE OF MONTANA ) : ss. County of Lewis and Clark ) I, Kristen L. Peterson, in compliance with M. R. App. P. 26(2), declare: 1. I am a licensed, practicing attorney in the State of Montana, and I am currently employed by the Appellate Defender Division, (ADD), as an Assistant Appellate Defender. 2. I was assigned to handle State v. Zavala, DA 19-0281, on February 11, 2020. 3. Appellant’s opening brief was first due on July 29, 2019, and is presently due May 27, 2020. This is ADD’s eleventh extension request overall. The first seven extension requests were filed prior to my assignment to this case. As with all previous requests, this is a 30- day extension request. 4. In my 0.75 FTE position, I have been unable to complete the opening brief within the previous time allotted because I have been working on other older cases. I filed an opening brief on April 22, 2020, in State v. Jeffords, DA 18-0651. I also worked on In re A.D., DA 19- 0211 (motion to voluntarily dismiss appeal filed April 30, 2020). I am MOTION FOR EXTENSION OF TIME WITH AFFIDAVIT IN SUPPORT PAGE 3 currently working on In re A.O., DA 19-0141 (opening brief due May 29, 2020). I have also worked on In re S.N., DA 18-0560 (opening brief currently due June 26, 2020). In addition to these cases, I have also been assigned to handle In re S.G.-H.M., DA 19-0199 (opening brief currently due June 22, 2020), and In re B.A.F., DA 19-0607 (opening brief currently due June 3, 2020). 5. Due to COVID-19, I have been caring for my children at home because of school closures beginning March 16, 2020 and closure of our daycare on March 18, 2020, which resumed part-time care on May 4, 2020. 6. This case is currently my third priority opening brief after A.O. and S.N. I have begun reviewing the record. Additional time is necessary to complete my review, research issues, consult with my client, and draft the opening brief. I will work diligently to complete this matter in the time requested. 7. This client is currently in custody. 8. The State has been contacted and does not object to this request. MOTION FOR EXTENSION OF TIME WITH AFFIDAVIT IN SUPPORT PAGE 4 9. I declare under penalty of perjury that the above is true and correct. /s/ Kristen L. Peterson May 20, 2020 Kristen L. Peterson, Date Helena, Montana MOTION FOR EXTENSION OF TIME WITH AFFIDAVIT IN SUPPORT PAGE 5 CERTIFICATE OF SERVICE I, Kristen Lorraine Peterson, hereby certify that I have served true and accurate copies of the foregoing Motion - Unopposed to the following on 05-20-2020: Scott D. Twito (Prosecutor) Yellowstone County Attorney's Office PO Box 35025 Billings MT 59107 Representing: State of Montana Service Method: eService Timothy Charles Fox (Prosecutor) Montana Attorney General 215 North Sanders PO Box 201401 Helena MT 59620 Representing: State of Montana Service Method: eService Electronically signed by Kim Harrison on behalf of Kristen Lorraine Peterson Dated: 05-20-2020 Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court May 21 2020