Nii-Otabil Nelson v. State ( 2015 )

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FIRST COURT OF APPEALS
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HOUSTON, TEXAS
-7/0/2010 0.12.20 AWI—
Iftft CHRISTOPHER PRINE
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NO.: 01 14 00924 CR
NII-OTABIL NELSON IN THE
VS. FIRST COURT
STATE OF TEXAS, OF APPEALS
MOTION TO EXTEND TIME TO FILE APPELANT'S MOTION FOR
REHEARING
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes NII-OTABIL NELSON, Appellant 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(d) of the Texas Rules ofAppellate
Procedure, and for good cause shows the following:
1. This case is on appeal from the 182nd Judicial District Court of Harris
County, Texas.
2. The cases below was styled the STATE ORTEXAS vs. NII-OTABIL
NELSON, and numbered 1372073A.
3. Appellant was placed on deferred adjudication for Assault/Family Member.
4. The Motion for Rehearing is due on July 15, 2015.
5. Appellant retained present counsel on July 3, 2015.
6. An extension is necessary for Appellant's counsel to obtain evidence from
the State. Counsel has submitted an open records request to the Harris
County District Attorney's Office to obtain such evidence, however, it is not
likely that such evidence will be made available until after the July 15th
deadline.
7. This is Appellant's first request for an extension for a Motion for
Rehearing.
8, Appellant requests a forty-five (45) day extension to prepare a thorough
Motion for Rehearing.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court
grant this Motion for to Extend Time to File Appellant's Motion for Rehearing, and
for such other and further relief as the Court may deem appropriate.
Respectfully submitted,
/s/Andre D. Evans
Andre D. Evans
TBN: 24082970
3003 South Loop West Ste. 108
Houston, Texas 77054
Telephone (832) 941-1282
Facsimile (646) 3044054
Attorney for Appellant
AnoreEvah's
£ ASSOCIATES
Dear Prospective Client:
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I am verypleased to represent you and thank you again for yourconfidence in us. I am looking forward to
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Very truly yours,
THE LAW OFFICES OF ANDRE EVANS & ASSOCIATES, P.L.L.C.
Andre D. Evans
/ 7-%-!,£
Client (Signature/Date)
--Print Page 1of 1
Subject: Application Request
From: Melissa.Fowler@heahealthcare.com (Melissa.Fowler@hcahealthcare,c6rti)
To: niinelsonmd@yahoo.com; •
Date: Wednesday, December 31, 2014 9:07 AM
Hello Dr. Nelson,
Attached is the applieation you've requested, this will be the same packet for your assistant surgeon.
Thank you,
Melissa Fowler
Conroe Regional Medical Center
Medical Staff Assistant
Ph.936-539-7415
Email Melissa.cortinas@hcahealthcare.com
https://us-mR4.mail.yahoo.corn/neo/launch?.rand=06r)70d7k-fi5Sp.s nfti/oni/)
EXHIBIT A
AriDreEvans
& ASSOCIATES
ATTORNEYS AT LAW
A PROFESSIONAL LIMITED LIABILITY COMPANY
3003 SOUTH LOOP WEST, HOUSTON, TEXAS 77054
ANDRE D. EVANS Telephone: 832304.1059
E-mail: Andre@attofneyandreevans.com Facsimile: 1-646-304-1054
By Facsimile: (713) 368-9275
July 7, 2015
Harris County District Attorney's Office
ATTN: General Litigation Division
1201 Franklin Street
Houston, TX 77002
Re: Public Information Request for STATE OF TEXAS vs. NII-OTABIL NELSON, No.: 1372073
To Officer for Public Information:
I am writing pursuant to the Texas Public Information Act, Texas Government Code Ch. 552, to request that
you send me a copy of the following information maintained by the Harris County District Attorney's Office:
1. All photographic evidence in your possession regarding Cause No. 1372073A;
2. Any witness statements, including any police reports;
I would appreciate the requested materials at your earliest convenience, and anticipate your response on or
before July, 17 2015. Materials may be produced on a rolling basis as they become available. Materials may be
sent by e-mail to andre@attorneyandereevans.com, by fax to (646) 304-1054,or by mail to 3003 South Loop
West Ste 108, Houston, Texas 77054. I am willing to pay the statutory fee for copying these materials. If the
fee exceeds $40.00, please send me a written estimate of costs in advance via fax or email.
Please feel free to contactme if you have any questions. I can be reached at andre@attomeyandereevans.com
or (281) 883-8385. Thank you for your assistance in this matter.
Sincerely,
Andre Evans
Andre Evans Mr. Nelson, Below I have attached a copy of your time stamped Motion to Extend
Time to File Motion for Rehearing and the Open Records Request that I sent to the District
Attorney's Office. Today is th
To
niinelsonmd@yahoo.com
Jul 15
Mr. Nelson,
Below I have attached a copy of your time stamped Motionto ExtendTime to File Motion for
Rehearing and the Open Records Request that I sent to the District Attorney's Office. Today is
the deadline for filing the motion for rehearing, but I spoke with the clerk withthe FirstCourt of
Appeals and she confirmed thatmy motion was timely filed andthat we would not be penalized
for not filing a motion by the 15th.
Further, I have begun to draft yourmotion while I am awaiting the records requested, however it
seemsthat I will have to incorporate all arguments in favor of granting the motion. Which will
take, considerably, much more time to draft than simply arguing that the writ was denied because
you did not present a brief. Given such, I will need an additional $2,500, not including the
outstanding $500 which is currently due. I sent you a request for the outstanding balance, please
submit the payment by Friday.
I have done a considerable amount of research and it appears that, given the present
circumstances, you have multiple viable claims to have your motion for rehearing granted.
However, most of which depend on the evidence received from the District Attorney's Office.
Give me a call tomorrow and let me know how you would like to proceed.
Thank you,
Andre D. Evans, Esq.
Andre Evans & Associates, PLLC.
3003 South Loop West, Suite 108
Houston, Texas 77054
Office: 832.941.1282
Direct: 281.883.8385
Fax: 646.304.1054
E: andre@attorncyandrcevans.com
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