in Re Connie Harrison ( 2015 )

ACCEPTED
14-15-00370-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
5/11/2015 5:45:42 PM
CHRISTOPHER PRINE
CLERK
NO. 14-15-00370-CV
FILED IN
In the Court of Appeals 14th COURT OF APPEALS
HOUSTON, TEXAS
for the 14th Judicial District 5/11/2015 5:45:42 PM
CHRISTOPHER A. PRINE
Houston, Texas Clerk
In re CONNIE VASQUEZ HARRISON,
Relator
Original Proceeding Arising from the
311th Judicial District
Harris County, Texas
Trial Court Cause No. 2006-68864
REAL PARTY IN INTEREST CLIFFORD LAYNE HARRISON’S
FIRST MOTION TO EXTEND TIME TO FILE RESPONSE
TO THE HONORABLE JUSTICES OF THE FOURTEENTH COURT OF
APPEALS:
Real Party in Interest, CLIFFORD LAYNE HARRISON, (“Mr. Harrison”)
requests a thirty (30) day extension of time to file his response to CONNIE VASQUEZ
HARRISON’S, Petition for Writ of Habeas Corpus. In support of this motion, Mr.
Harrison shows as follows:
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1. On or about April 28, 2015, CONNIE VASQUEZ HARRISON (“Relator”),
filed her Petition for Writ of Habeas Corpus before this Honorable Court.
The petition relates to several orders issued by the trial court in the
underlying suit.
2. Following a hearing on October 24, 2014, the Honorable Alicia K.
Franklin, Presiding Judge of the 311th Judicial District Court of Harris
County, Texas, signed an order holding Relator in contempt of court and
committing her to the Harris County Jail. It was ordered that Relator be
placed on community supervision and her commitment be conditionally
suspended.
3. On December 18, 2014, the Honorable Alicia K. Franklin, Presiding
Judge of the 311th Judicial District Court of Harris County, Texas, signed
an order revoking Relator’s suspension of commitment and committed
Relator to the Harris County Jail. Relator was subsequently released from
the Harris County Jail on January 5, 2015.
4. On April 10, 2015, the Honorable Judge Charley Prine, as the sitting,
assigned Judge of the 311th District Court, entered an order revoking
Relator’s suspension of commitment, thereby committing Relator to the
Harris County Jail, again.
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5. On or about April 28, 2015, Relator filed her Petition for Writ of Habeas
Corpus before this Honorable Court. Contemporaneously with her
Petition for Writ of Habeas Corpus, Relator filed a Motion for Emergency
Interim Relief.
6. On April 29, 2015 this Court issued a writ of habeas corpus, returnable on
May 26, 2015 (pending final determination of the relief requested in
Relator’s petition). On the same day, this Court also denied (as moot),
Relator’s Motion for Emergency Interim Relief.
7. This Court has requested a response to Relator’s Petition for Writ of
Habeas Corpus be filed on or before May 12, 2015.
8. Real Party in Interest, Clifford Harrison, respectfully requests an
extension of time of thirty (30) days to file his response pursuant to Rule
10.5 and Rule 38.6 of the Texas Rules of Appellate Procedure.
9. There are still numerous unresolved post-judgment matters relating to the
underlying case pending before the trial court. As a result, Real Party in
Interest, Clifford Harrison, has been required to commit an exceptional
amount of time attending to the resolution of those matters.
10. In addition to the perpetual nature of the ongoing trial court proceedings,
Relator has been unrelenting in seeking various forms of appellate relief
before this Court. Aside from Relator’s Petition for Writ of Habeas
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Corpus currently before this Court, since the beginning of the year,
Relator has filed two (2) Petitions for Writ of Mandamus with this Court.
Significant time was expended responding to Relator’s second Petition for
Writ of Mandamus, the response having been filed just last week.
11. Much of Counsel’s recent time has been devoted to the resolution of
matters related to this case. An extension is being requested so that
Counsel may appropriately attend to other pending client matters in her
caseload while also preparing a response to Relator’s Petition for Writ of
Habeas Corpus that best presents Mr. Harrison’s position.
12. Pursuant to the writ issued by this Court, Relator has been released from
commitment at the Harris County Jail. Therefore, an extension of time to
respond to Relator’s petition would not unduly harm or disadvantage
Relator in any way.
13. Real Party in Interest respectfully requests additional time to prepare his
response to Relator’s Petition for Writ of Habeas Corpus.
14. Real Party in Interest, Clifford Harrison has not been granted any previous
extensions to the deadline to respond to the Petition for Writ of Habeas
Corpus.
15. This motion is not made to delay, but to present Mr. Harrison’s position
effectively and in compliance with the Rules of Appellate Procedure.
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PRAYER
WHEREFORE, PREMISES CONSIDERED, Real Party in Interest, Clifford
Harrison, respectfully requests that the Court grant a thirty (30) day extension of
time for Real Party in Interest to file a response to Relator’s Petition for Writ of
Habeas Corpus.
Respectfully Submitted,
SARAH HIRSCH JOYCE, ATTORNEY AT LAW
/s/ Sarah Hirsch Joyce
Sarah Hirsch Joyce
State Bar No. 24092522
3355 W. Alabama St., Suite 825
(713) 529-3982
(855) 624-7224 Facsimile
SarahHirschJoyce@gmail.com
Appellate Counsel for Clifford Layne Harrison,
Real Party in Interest
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CERTIFICATE OF CONFERENCE
I hereby certify that Real Party in Interest’s counsel has conferred with Terry
Hart, counsel for Relator, and he is opposed to this request for extension.
_/s/ Sarah Hirsch Joyce
Sarah Hirsch Joyce
CERTIFICATE OF SERVICE
I certify that a true copy was served on all parties and/or counsel of record in
accordance with Texas Rules of Appellate Procedure 6.3 and 9.5(b), (d) and (e) on
May 11, 2015 as follows:
TERRY L. HART
State Bar No. 09150750
4265 San Felipe, Suite 1100 Houston, TX 77027
Tel: (713) 968-9818
Fax: (713) 968-9817
Email: thart@terryhartlaw.com
/s/ Sarah Hirsch Joyce
Sarah Hirsch Joyce
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