Nance, Jessica Nicole ( 2015 )

PD-0197-15
IN THE COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
JESSICA NICOLE NANCE, APPELLANT
RECEIVED IN
vs- COURT OF CRIMINAL APPEALS
THE STATE OF TEXAS, APPELLEE
-1UN 05 2015
APPEAL IN CAUSE NUMBER
AbelAcosJajClerk ,
CR1101695 rILcD \M
IN THE COUNTY COURT AT LAW NO. 1 OF
COURT OF CRIMINAL APPEALS
JUN 10 20;5
HUNT COUNTY, TEXAS
MOTION FOR STAY OF MANDATE PENDING APPLICATION FOR CERTIORARI ^uusta> Clerk
TO THE HONORABLE JUSTICES OF THE CRIMINAL COURT OF APPEALS
Appellant Jessica Nance hereby move to stay the issuance of the mandate in the above
captioned action, pending the filing and disposition of a petition for a writ of certiorari. See. Fed. R. App.
P. 41 (b); 9th Cir. R. 41-1. As grounds for this motion defendant states as follows:
(1) Under Federal Appellate Rule 41 (b) this Court may stay the mandate upon Motion if the
moving party intends to file a petition for a writ of certiorari. The standards for issuance of a
stay in such circumstances are not exacting. "Ordinarily...a party seeking a stay of the mandate
following this Court's judgment need not demonstrate that exceptional circumstances justify a
stay." Bryant v. Ford Motor Co., 886 F.2d 1526,1528-29 (9th Cir. 1989); see U.S. v. Pete, 525 F.
3d 844, 850 &n.9 (9th Cir. 2008); Campbell v. Wood, 20 F.3d 1050,1051 (9th Cir. 1994) (en
banc). Indeed, it "is often the case" that "the appellate mandate is stayed while a party seeks
certiorari from the Supreme Court. " Pete, 525 F. 3d at 850. Appellant's motion for stay of the
mandate satisfies these standards. A petition for certiorari would not be frivolous.
WHEREFORE, Defendants/Appellants respectfully but urgently , move the Court to stay
the issuance of mandate in this cause pending a ruling by the Supreme Court on
Defendants/Appellant's application for a writ of certiorari.
JESSICA NICOLE NANCE APPELLANT/ PRO SE
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a printed copy of this MOTION FOR STAY OF MANDATE
PENDING APPLICATION FOR CERTIORARI was sent to Jason A. Duff 2615 Lee Street Po box 11
Greenville, Texas 75043, State of Texas Jeffery Kovach 2500 Lee Street, Greenville, Texas
75401 and the Sixth Court of Appeals 100 north State Line Ave. Ste. 20 Texarkana, Texas
75501.
J^6^3- aqjr\^_^ u (at [6
JESSICA NICOLE NANCE/ APPELLANT/ PRO SE