Suzanna Eckchum A/K/A Susan Eckhert v. State ( 2015 )

ACCEPTED
03-15-00270-CV
7023529
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/21/2015 4:48:35 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00270-CV
SUZANNA ECKCHUM A/K/A § IN THE THIRD FILED IN
3rd COURT OF APPEALS
SUSAN ECKHERT AUSTIN, TEXAS
§ 9/21/2015 4:48:35 PM
v. DISTRICT COURT
JEFFREY OFD. KYLE
§ Clerk
THE STATE OF TEXAS FOR THE
PROTECTION OF HAL KETCHUM § APPEALS OF TEXAS
STATE’S UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE
BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes the State of Texas, Appellee in the above-styled and -numbered
cause, and moves for an extension of time of 44 days to file Appellee’s brief, and
for good cause would show the following:
I.
On December 16, 2014, the Comal County Criminal District Attorney’s
Office filed an application for a protective order on behalf of Applicant Hal
Ketchum. The trial court signed a Stalking Protective Order on January 22, 2015.
The trial court thereafter signed an Amended Stalking Protective Order on April 7,
2015. Appellant’s brief was originally due on July 16, 2015. After a 40-day
extension was granted, Appellant’s brief was filed on August 24, 2015. Appellee’s
brief is currently due on September 23, 2015.
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II.
Nicholas Robison is working on the State’s brief in this case. He is currently
working on a protective order in C2015-1283B and he has had several protective
order hearings within the past month and. He has two protective order hearings
next week in county and district court. Mr. Robinson also routinely handles matters
in the four Justice of the Peace Courts in Comal County. Additionally, Mr.
Robinson has been drafting civil documents for the office related to new truancy
laws. Mr. Robinson is leaving town today – for the remainder of this week – to join
the office in attending an annual conference in Corpus Christi to meet his CLE
requirements. Furthermore, upon his return, Mr. Robinson will be out of the
country while on vacation for two weeks in October. He has not yet been able to
complete the State’s response in the instant cause. In light of the foregoing, the
State respectfully requests an extension of 44 days to file its brief. This is the first
extension sought by the Appellee, and it is unopposed by Appellant.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 44 days, until November 6, 2015, so that
Appellee’s brief will fully, adequately and accurately present its case to the
Honorable Court of Appeals. This extension is not requested for purposes of delay
but so that justice may be done.
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Respectfully submitted,
/s/ Joshua D. Presley
Joshua D. Presley, SBN: 24088254
palmid@co.comal.tx.us
Comal Criminal District Attorney’s Office
150 N. Seguin Avenue, Suite 307
New Braunfels, Texas 78130
Ph: (830) 221-1300
Fax: (830) 608-2008
CERTIFICATE OF SERVICE
I, Joshua D. Presley, Assistant District Attorney for Appellant, the State of
Texas, hereby certify that a true and correct copy of the above and foregoing
State’s Unopposed First Motion to Extend Time to File Brief was sent to Appellant
SUZANNA ECKCHUM’s attorney of record in this matter:
Ms. Mysha Lubke
98 San Jacinto Blvd., Suite 1500
Austin, TX 78701
mysha.lubke@bakerbotts.com
Attorney for Appellant on Appeal
By electronic service to the above-listed email address through efile.txcourts.gov
on this the 21st day of September, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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CERTIFICATE OF CONFERENCE
I certify that I have conferred or made reasonable attempts to confer with all
other parties about the merits of this motion and whether the parties oppose the
motion. Ms. Mysha Lubke, Attorney for Appellant SUZANNA ECKCHUM, was
not opposed to the instant motion.
/s/ Joshua D. Presley
Joshua D. Presley
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