Jonathan Lee Fehr v. State ( 2015 )

ACCEPTED
03-15-00231-CR
5719292
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/17/2015 4:22:43 PM
JEFFREY D. KYLE
CLERK
CAUSE NO. 03-15-00231-CR
_________________________________________________
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE COURT OF APPEALS 6/17/2015 4:22:43 PM
FOR THE THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
AUSTIN DIVISION Clerk
_________________________________________________
JONATHAN LEE FEHR §
§
v. §
§
STATE OF TEXAS §
_______________________________________________
APPELLANT’S FIRST MOTION TO EXTEND
TIME TO FILE APPELLANT’S BRIEF
_______________________________________________
Justin Bradford Smith
Texas Bar No. 24072348
Harrell, Stoebner, & Russell, P.C.
2106 Bird Creek Drive
Temple, Texas 76502
Phone: (254) 771-1855
FAX: (254) 771-2082
Email: justin@templelawoffice.com
ATTORNEY FOR APPELLANT
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 1
Fehr v. State; Cause No. 03-15-00231-CR
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, Appellant, JONTHAN LEE FEHR, who files this First
Motion for Extension of Time to File Appellant’s Brief, and shows unto the Court
as follows:
I.
Appellant’s brief is due on or before June 18, 2015.
II.
Appellant seeks an additional thirty (30) days to file her brief, which should
make his brief due on or before July 20, 2015 (actual deadline falls on Saturday,
July 18, 2015).
III.
Facts relied on to reasonably explain the need for an extension include the
following:
1. Work related to assisting person in need of pro bono appellate
attorney in Sandra Kay Hargrove v. Gary M. Hargrove; Trial
Court Cause No. 186,223-A. Work includes pro bono advice to
potential appellant, assisting trial attorney with fulfilling her
duties/advice as to how to proceed, contacting coordinator of
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 2
Fehr v. State; Cause No. 03-15-00231-CR
Third Court of Appeals’ pro bono program, and related legal
research. Work performed on May 20, 2015 and May 22, 2015.
2. Work related to drafting brief, etc. on the capital murder appeal
Sherill Small v. Texas; 14-15-00039-CR, in the 14th Court of
Appeals. Work performed frequently if not almost daily: the
record is unusually lengthy (23 volumes for the Reporter’s
Record, and three Clerk’s Records), and Appellant’s counsel is
on his third extension. Moreover, there is a need for an
appendix due to the volume of the exhibits and the fact that
they are not Bates-stamped, which has significantly increased
the work.
3. Extensive work in drafting detailed answer and performing
related research in Tax Appraisal District of Bell County v.
Froderman, et al; Cause No. 233,827-C; 169th District Court of
Bell County. Work performed on June 8, 2015 and June 9,
2015. Attend court for hearing on June 10, 2015 (hearing
pushed by agreement).
4. File docketing statements on June 2, 2015 in two court-
appointed appeals, Raymond Ross Mormino, II v. State, 10-15-
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 3
Fehr v. State; Cause No. 03-15-00231-CR
00167-CR, and Raymond Ross Mormino, II, 10-15-00173-CR,
both in the Tenth Court of Appeals.
5. Draft and file Notice of Past Due Findings of Fact and
Conclusions of Law and related correspondence on June 11,
2015 in In re: C.P., Cause No. 03-15-00276-CV, in the Third
Court of Appeals.
6. Initial Work requesting reporter’s record and clerk’s record,
requesting and reviewing documents, etc. for new court-
appointed appeal, Terri Regina Lang v. State, Cause Number
not yet assigned (Trial Court Cause No. 42,185; Burnet
County), Third Court of Appeals. Work performed on May 26,
2015 and May 28, 2015. File Docketing Statement on June 11,
2015.
7. Review of court appointment and initial request for documents
for new court-appointed appeal in State of Texas v. Fernando
Smith; Trial Court Cause No. 20141-ap, on May 29, 2015, and
perform work related to applying for community supervision
for client (performed on June 17, 2015), as well as draft and
submit for filing Notice of Appeal, Motion for New Trial,
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 4
Fehr v. State; Cause No. 03-15-00231-CR
Request for Reporter’s Record, Request for Clerk’s Record (on
June 12, 2015).
8. Overview of opinion in T.M. v. Department of Family and
Protective Services, Cause No. 03-14-00784-CV (opinion
issued on May 21, 2015), on which Appellant’s counsel is the
appellate attorney for T.M., and contact with client regarding
right to file petition for review with Texas Supreme Court. Has
engendered greater work than necessary due to confusion over
scope of appointment; specifically: Appellant’s counsel was
court-appointed to represent T.M., but the scope of his
appointment through the court’s order did not explicitly state he
is appointed only to represent T.M. on a direct appeal to the
intermediate court of appeals. The clerk of the Texas Supreme
Court advised Appellant’s counsel to obtain written
clarification from the trial court as to the scope of his
appointment to ensure that T.M., who is seeking representation
through the Texas Supreme Court’s pro bono program, is
qualified for that program because Appellant’s counsel is not
appointed to represent him before the Texas Supreme Court.
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 5
Fehr v. State; Cause No. 03-15-00231-CR
Appellant’s counsel obtained this written clarification from the
trial court, stating in essence that the scope of his appointment
did not include the Texas Supreme Court. The clerk of the
Texas Supreme Court advised Appellant’s counsel to assist
T.M. with requesting more time to file his petition for review
with the Texas Supreme Court, which Appellant’s counsel did
by sending a detailed letter giving deadlines, enclosing the
form, etc. on or around June 5, 2015.
9. Initial request of documents from clerk, and related work, for
The State of Texas v. Santos Salinas; Cause No. 42,622; 424th
District Court of Burnet County, Texas. (Work performed on
June 12, 2015 and June 15, 2015).
10. Work related to filing answer and initial strategy for 10th Street
and Avenue M Church of Christ, Inc. v. Church of Christ at
Sammons Park, Inc., Cause No. 277,425-B; 146th District
Court; Bell County, Texas. Relevant work performed on May
19, 2015; May 26, 2015; May 28, 2015; May 29, 2015.
Settlement discussions on June 2, 2015.
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 6
Fehr v. State; Cause No. 03-15-00231-CR
11. Perform research and draft document for use in motion for new
trial or related pleading (work performed on May 21, 2015;
May 22, 2015; May 26, 2015; May 29, 2015) in In re: B.M.W.,
A Child; Cause No. 231,743-B; 146th District Court, Bell
County, Texas. Draft and file motion for alternative
judgment/motion for new trial, and notice of past due findings
of fact and conclusions of law, on June 4, 2015, and serve on
judge and counsel with letter.
12. Hearing on Motion to Modify Judgment on May 20, 2015 in
Suit in PJC Air Conditioning & Plumbing, LLC v. Sherburne;
Cause No. 11-2015-S-0006504, in the Justice of the Peace
Court, Precinct 1, Bell County, Texas.
13. Hearing on Non-Judicial Foreclosure on May 29, 2015 in 21st
Century Mortgage Corporation v. Thomas Walker, et al; Cause
No. 271,117-B; 146th District Court, Bell County, Texas.
14. Work related to obtaining, by deeds, defendants’ interest in
certain property the subject of a partition suit styled Thomasine
Sanguedolce v. Kristi Bunge, et al; Cause No. 275,812-C; 169th
District Court; Bell County, Texas. Work performed on May
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 7
Fehr v. State; Cause No. 03-15-00231-CR
21, 2015 and May 22, 2015. Also work so that defendants can
be served, performed on May 19, 2015.
15. Work related to adverse Medicaid administrative review
decision. Appeal ID: 1704708; Case No. 101769963.
Relevant work performed on May 19, 2015; May 20, 2015.
16. Time lost due to Appellant’s office being closed for Memorial
Day on May 25, 2015.
17. Time lost for an eye examination appointment on the morning
of May 27, 2015.
18. Miscellaneous work on cases, such as doing demand letters or
responses to the same. One such letter required extensive
research into Texas homestead law in part due to the unusual
fact pattern (relevant work performed May 19, 2015; May 21,
2015; May 22, 2015; May 26, 2015).
IV.
No previous extensions have been requested and granted in this matter.
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 8
Fehr v. State; Cause No. 03-15-00231-CR
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to
extend his time for filing his brief to thirty (30) days from the date his brief is
currently due.
Respectfully submitted:
/s/ Justin Bradford Smith
Justin Bradford Smith
Texas Bar No. 24072348
Harrell, Stoebner, & Russell, P.C.
2106 Bird Creek Drive
Temple, Texas 76502
Phone: (254) 771-1855
FAX: (254) 771-2082
Email: justin@templelawoffice.com
ATTORNEY FOR APPELLANT
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 9
Fehr v. State; Cause No. 03-15-00231-CR
CERTIFICATE OF SERVICE
I hereby certify that, on June 17, 2015, a true and correct copy of the
Appellant’s First Motion to Extend Time to File Appellant’s Brief was provided to
counsel via the method indicated below:
Llano County District Attorney
c/o Gary W. Bunyard
P.O. Box 725
Llano, Texas 78643
Fax: 325-247-5274
Email: g.bunyard@co.llano.tx.us
VIA ESERVICE
Attorneys for State of Texas
/s/ Justin Bradford Smith
Justin Bradford Smith
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 10
Fehr v. State; Cause No. 03-15-00231-CR