Nickerson, Johnathan Ross ( 2015 )

PD-0981-15
July 30, 2015
PD-0981-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 7/29/2015 1:40:21 PM
Accepted 7/30/2015 2:38:55 PM
FIRST COURT OF APPEALS NO. 01-14-00096-CR ABEL ACOSTA
CLERK
TRIAL COURT CASE NO. 1238640
STATE OF TEXAS § TEXAS COURT
§
VS. § OF
§
JOHNATHAN ROSS § CRIMINAL APPEALS
NICKERSON
MOTION TO EXTEND TIME TO FILE PETITION FOR
DISCRETIONARY REVIEW
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes JOHNATHAN ROSS NICKERSON, Appellant in the above
styled and numbered cause, and moves this Court to grant his request to extend time
to file the Petition for Discretionary Review, pursuant to Rule 10.5(b) ofthe Texas
Rules ofAppellate Procedure, and for good cause shows the following:
1. This case is on appeal from the 177th Judicial District Court of
HARRIS County, Texas.
2. The case below was styled the STATE OF TEXAS vs. JOHNATHAN
ROSS NICKERSON, and numbered 1238640 .
3. Appellant was convicted of Capital Murder and sentenced to life
without parole on October 30, 2013.
4. Notice of appeal was given on January 27, 2014.
5. The Court ofAppeals affirmed the conviction ofMr. Nickerson on June
30,2015.
6. The deadline to file a Petition for Discretionary Review is on orbefore
July 30, 2015.
7. Appellant relies on the following facts as good cause for the requested
extension:
a. Shortly after the judgement was received, Mr. Nickerson was
provided notice of the Court's decision to affirm his conviction of Capital Murder
and his sentence of life in prison.
b. On July 23,2015, the undersigned met with the family to discuss
Mr. Nickerson's options. After informing them of the costs and the procedure
surrounding a PDR, the family informed counsel that they were going to try and
work on obtaining the money to hire counsel to prepare the PDR.
c. As of the date of this motion, counsel has not been retained to
represent Mr. Nickerson further, but decided to file this motion in order to receive
additional time for the family to determine ifthey are able to hire counsel to file a
PDR.
d. Counsel would ask this Court to grant Mr. Nickerson of 60 days
in Order to prepare and file a PDR with the Court of Criminal Appeals, either
through counsel or pro-se.
e. This is the last action filed on Mr. Nickerson's behalf by the
undersigned.
8. This request is not for delay, but rather, to adequately prepare the petition in
the interests ofjustice.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court grant this Motion To Extend Time To File Petition For Discretionary Review,
and for such other and further relief as the Court may deem appropriate.
Respectfully submitted,
Law Offices, Andre' L. Ligon P.C.
Attorneys at Law
1314 Texas Ave. #1500
Houston, Texas 77002
Tel: (713) 662-2500
Fax:(713)222-0252
Rv •/i"''
FIRST COURT OF APPEALS NO. 01-14-00096-CR
TRIAL COURT CASE NO. 1238640
STATE OF TEXAS § TEXAS COURT
§
VS. § OF
§
JOHNATHAN ROSS § CRIMINAL APPEALS
NICKERSON
ORDER GRANTING APPELLANT MOTION TO EXTEND TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
On , 2015, the Court considered the Appellant's Motion To
Extend Time To File PetitionFor Discretionary Review and after due consideration,
hereby GRANTS the Appellant's Motion.
It is Ordered that Johnathan Ross Nickerson has until 2015 to file
a Petition for Discretionary Review if he so chooses too.
Date: , 2015.
JUDGE PRESIDING
APPROVED:
Bv.TlS1/ Andre' L. Lison
Andre' L. Ligon
State Bar No. 00797840
1314 Texas Ave. #1500
Houston, Texas 77002
Tel: (713) 662-2500
Fax:(713)222-0252
Attorneys for JOHNATHAN ROSS NICKERSON