Hill, Albert G. ( 2015 )


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  •                                                                                    PD-0019-15
    COURT OF CRIMINAL APPEALS
    June 22, 2015                                                                   AUSTIN, TEXAS
    Transmitted 6/22/2015 12:00:00 AM
    Accepted 6/22/2015 8:04:02 AM
    ABEL ACOSTA
    COURT OF CRIMINAL APPEALS                                                         CLERK
    PD-0019-15, PD-0020-15
    PD-0021-15, PD-0022-15
    State of Texas, Appellant,
    v.
    Albert G. Hill, III, Appellee.
    On Discretionary Review from
    Nos. 05-13-00421-CR, 05-13-00423-CR
    05-13-00424-CR, and 05-13-00425-CR
    Fifth Court of Appeals, Dallas
    On Appeal from Nos. F11-00180, F11-00182,
    F11-00183, and F11-00191
    204th District Court, Dallas County
    Motion to Extend Time to File
    Appellee’s Opening Brief
    Michael Mowla
    445 E. FM 1382 No. 3-718
    Cedar Hill, Texas 75104
    Phone: 972-795-2401
    Fax: 972-692-6636
    michael@mowlalaw.com
    Texas Bar No. 24048680
    Attorney for Appellee
    1
    To the Honorable Judges of the Court of Criminal Appeals:
    Appellee Albert G. Hill, III files this motion to extend time to file the
    Appellee’s Opening Brief:
    1.     On December 29, 2014, in State v. Hill, 05-13-00421-CR, 05-13-
    00423-CR, 05-13-00424-CR, and 05-13-00425-CR, 2014 Tex. App. LEXIS 13835
    (Tex. App. Dallas, December 29, 2014), the Court of Appeals reversed the
    judgment and order of the trial court in which the trial court dismissed the
    indictments against Appellee for prosecutorial misconduct.
    2.     On February 23, 2015, Appellee filed the petition for discretionary
    review.
    3.     On June 10, 2015, this Court granted the petition for discretionary
    review.
    4.     The Appellee’s Opening Brief is due on July 10, 2015.
    5.     For good cause, Appellant asks for an extension of 15 days to file the
    Appellee’s Brief, i.e., until July 25, 2015.
    6.     No previous extension to file the Appellee’s Brief has been filed.
    7.     Appellee relies on the following facts as good cause for the requested
    extension: Attorney for Appellee just completed a reply brief in Esparza v.
    Stephens, 4-14-CV-0694, Eastern District of Texas.
    8.     Further, Attorney for Appellee has the following briefs, petitions for
    2
    discretionary review, or other pleadings due soon:
     Murray v. Texas, petition for writ of certiorari due on July 14, 2015 in
    the Supreme Court of the United States.
     Jackson v. State, 05-15-00414, Appellant’s Brief due on July 11, 2015
    in the Fifth Court of Appeals.
     Garmon v. State, PD-0596-15, petition for discretionary review due
    on July 13, 2015 in the Court of Criminal Appeals.
     Shortt v. State, PD-0597-15, petition for discretionary review due on
    July 13, 2015 in the Court of Criminal Appeals.
     Zimmerman v. Cutler, et al, 15-50424, appellant’s brief due on July
    21, 2015 in the Fifth Circuit.
    9.       The case before this Court involves a complex issue of constitutional
    law that appears to be a case of first impression in Texas. This Court has also
    allowed oral argument in this case.
    10.      In addition, Attorney for Appellee continues work on a federal habeas
    corpus death penalty case, Jones v. Stephens, 4:05-CV-638-Y.
    11.      Further, Attorney for Appellee also continues work on a state habeas
    corpus death penalty case, Ex parte Thomas, F86-85539, in the 194th Judicial
    District Court.
    12.      Finally, Attorney for Appellee continues work on several habeas cases
    involving the underlying issue in Miller v. Alabama, 
    132 S. Ct. 2455
    (2012).
    13.      This motion is not filed for purposes of delay, but so that justice may
    3
    be served.
    Prayer
    Appellant prays that this Court grant this motion to extend time to file the
    Appellee’s Opening Brief.
    Respectfully submitted,
    Michael Mowla
    445 E. FM 1382 No. 3-718
    Cedar Hill, Texas 75104
    Phone: 972-795-2401
    Fax: 972-692-6636
    michael@mowlalaw.com
    Texas Bar No. 24048680
    Attorney for Appellee
    /s/ Michael Mowla
    By: Michael Mowla
    Certificate of Service
    I certify that on June 21, 2015, a true and correct copy of this document was
    served on Chad Baruch by email to baruchesq@aol.com, on Lisa McMinn, the
    State Prosecuting Attorney, by email to Lisa.McMinn@spa.texas.gov, and on John
    Messinger,       Assistant    State   Prosecuting     Attorney,     by     email  to
    john.messinger@spa.state.tx.us.
    /s/ Michael Mowla
    By: Michael Mowla
    4
    

Document Info

Docket Number: PD-0021-15

Filed Date: 6/22/2015

Precedential Status: Precedential

Modified Date: 9/29/2016