Black, Terrance Deering ( 2015 )

PD-1371-15
PD-1371-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/20/2015 8:56:30 PM
Accepted 10/21/2015 3:25:50 PM
ABEL ACOSTA
CLERK
No. ________________
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
TERRANCE DEERING BLACK, §
Petitioner, § IN THE EIGHTH
§ JUDICIAL DISTRICT
vs. § COURT OF APPEALS
§ SAN ANTONIO, TEXAS
THE STATE OF TEXAS § 08-12-00338-CR
Respondent. §
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:
NOW COMES Petitioner, TERRANCE DEERING BLACK, by and through
his undersigned counsel, and files this Unopposed Motion for Extension of Time to
file his petition for discretionary review, pursuant to Rule 68.2(c) of the Texas
Rules of Appellate Procedure. Petitioner respectfully requests a thirty (30) day
extension to and including November 23, 2015.1 This is Petitioner’s first motion
for extension of time to file his brief. In support of this motion Petitioner would
show as follows:
1. Petitioner’s brief is currently due on October 23, 2015.
1
The thirtieth (30th) day November 22, 2015, falls on a Sunday. October 21, 2015
1
2. Counsel has conferred with Lily Stroud, El Paso County Assistant District
Attorney, and she does not oppose this motion.
Undersigned Counsel has the following judicial conflicts:
3. Undersigned counsel has an appeal brief due on October 27, 2015 in Wissam
Allouche v. United States of America, Cause No. 15-50409 in the United
States Fifth Circuit Court of Appeals.
4. Undersigned counsel has been reviewing voluminous discovery in a
complex case of United States of America vs. Curtis DeBerry, Cause No.
5:14-CR-00524-XR and a Superseding Indictment was filed on October 7,
2015.
5. Undersigned counsel had a docket call on October 13, 2015 in United States
of America vs. Jetter Andrew Barker, IV, in the United States District Court
for the Western District of Texas, Del Rio Division. This case has now been
reset for trial on January 19, 2016.
6. Undersigned counsel’s client turned himself in on an arrest warrant in State
of Texas vs. Frederich R. Schauer, III, Cause No. 15-9-9548 in the 24th
Judicial District Court, Jackson County, Edna, Texas, on or about October
12, 2015. A bond hearing was held on October 15, 2015.
2
7. Undersigned counsel was appointed to a federal case of United States of
America vs. Rene Martinez, Cause No. 5:14-CR-00654(19)-FB on October
19, 2015. A detention hearing is scheduled for October 27, 2015.
8. Undersigned counsel is preparing Findings of Fact and Conclusions of Law
in a Writ of Habeas Corpus proceeding in Ex Parte James R. Hiatt, Cause
No. 2006-CR-2741-W3 in the 144th Judicial District Court, Bexar County,
San Antonio, Texas.
Undersigned counsel has the following professional conflicts:
9. Undersigned counsel is Immediate Past-Chair of the American Bar
Association’s Criminal Justice Section. She is obligated and has pre-
arranged plans to speak at the Section’s Fall Meeting on October 22-25,
2015 in Washington, D.C. There are also committee meetings and the
Executive Committee meeting that she is to participate in as well.
10. Undersigned counsel is a member of the Texas Board of Law Examiners.
They are currently in the process of regarding exams. Exam grades are due
to be released on November 6, 2015.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully prays
that this Honorable Court grant him an additional thirty (30) days to and including
3
November 23, 2015 to file his Petition for Discretionary Review and for any other
relief under this Court’s supervisory power.
Respectfully submitted:
CYNTHIA E. ORR
Bar No. 15313350
GOLDSTEIN, GOLDSTEIN & HILLEY
310 S. St. Mary’s St.
29th Floor Tower Life Building
San Antonio, Texas 78205
210-226-1463
210-226-8367 facsimile
By:___/s/ Cynthia E. Orr______
CYNTHIA E. ORR
Attorney for Petitioner,
TERRANCE DEERING BLACK
CERTIFICATE OF SERVICE
I hereby certify that a copy of the above foregoing Unopposed Motion for
Extension of Time to File PDR has been served via e-mail through the E-file,
Electronic Filing System, to El Paso County District Attorney’s Appellate Section,
daesparza@epcounty.com, on this the 20th day of October, 2015.
By: _/s/Cynthia E. Orr________
CYNTHIA E. ORR
4