Michael John James v. State ( 2015 )

ACCEPTED
03-15-00241-CR
6899671
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/14/2015 12:00:00 AM
JEFFREY D. KYLE
CLERK
N0. 03-15-00241-CR
MICHAEL JOHN JAMES § IN THE COURT OF APPEALS
FILED IN
3rd COURT OF APPEALS
Appellant AUSTIN, TEXAS
9/14/2015 12:00:00 AM
VS. § THIRD JUDICIAL DISTRICT
JEFFREY D. KYLE
Clerk
THE STATE OF TEXAS § STATE OF TEXAS
Appellee
MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW, MICHAEL JOHN JAMES, Appellant, by and through his
counsel of record, Leonard Martinez, and files this his motion for an extension for
30 days in which to file the Appellant’s Brief. In support of this motion,
Appellant would show the Court the following:
I.
Appellant’s brief was due on 8-24-15 and is overdue. Counsel’s failure to
file Appellant’s Brief is due to mitigating circumstances.
II.
Counsel continues to maintain a difficult case docket and also continues to
have challenging health issues. Counsel underwent lower back surgery for
debilitating pain on 7-22-15 and is recovering. There were complications and I
felt as if those would resolve quickly, they did not. I have continued to work on
completing the brief and have it almost done, but due to the fact specific basis for
the claim being raised, counsel is being cautious and reexamining the issue to
make sure he is not compromising a future post conviction claim.
Counsel should be able to complete the brief within 10 days and requests
until 9-21-15 to submit the brief.
WHEREFORE, Appellant prays that the Court grant this motion and extend
the deadline for filing the Appellant’s Brief to 9-21-15.
Respectfully submitted,
/s/Leonard Martinez
Leonard Martinez
812 San Antonio, Suite 104
Austin, Texas 78701
(512) 472-0958
(512) 472-3053 Fax
Bar No. 13142750
ATTORNEY FOR APPELLANT
Certificate of Service
I certify that a true and correct copy of the foregoing document was sent to
the Travis County District Attorney this 13th Day of September, 2015.
_/s/Leonard Martinez
Leonard Martinez