Balderas, Juan A/K/A Apache ( 2015 )

AP-77,03'
FILED IN COURT OF CRIMINAL APPEAL
COURT OF CRIMINALAPPEALS AUSTIN, TEXA
Transmitted 8/7/2015 10:33:00 Al
Accepted 8/7/2015 10:35:53 Al
AUGUST 7, 2015 ABEL ACOST
No.AP-77.036 CLER
ABEL ACOSTA, CLERK
In the
Court of Criminal Appeals of Texas
At Austin
No. 1412826
In the 179th District Court
Of Harris County, Texas
JUAN BALDERAS aka APACHE
Appellant
v.
THE STATE OF TEXAS
Appellee
STATE'S UNOPPOSED MOTION
TO RESCHEDULE ORAL ARGUMENT
To the Honorable Court of Appeals:
This Court has scheduled that the case be submitted on oral arguments
on September 16, 2015. The State requests that this Court reschedule the oral
arguments in this case for a later date. In support of this motion, the State
would show the following:
1. This is a capital murder conviction for which the penalty has been
assessed at death. The record in this case is extensive, as is the
briefing of the parties.
2. The State's appellate counsel has a pre-paid extended international
vacation covering early September. The return flight (which is 13
hours long) is scheduled to land in Houston at 6 pm on Monday,
September 14. Assuming the flight arrives on time, that is 39 hours
before the presently scheduled oral argument in this case. Factoring
in jet lag, reacclimating to the central time zone, and then driving to
Austin, the State's appellate counsel does not believe he will have
enough time to adequately prepare for argument on September 16,
and, moreover, it is possible that he will not be in top mental form
that day. The State's appellate counsel considered using some of his
vacation to prepare for argument, but the State's appellate counsel
still does his reading and research on paper, and the logistics of
carrying around the appellate record in a death case on an extended
vacation make that option extremely impractical.
3. The undersigned attorney has spoken with defense counsel, Scott
Shearer, and he is not opposed to rescheduling oral argument.
WHEREFORE, the State prays that this Court will reschedule oral argument for
a date later than September 16.
Respectfully submitted,
/s/ C.A. Morgan
Clinton A. Morgan
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713)755-5826
morgan clinton(5)dao.hctx.net
TBC No. 24071454
CERTIFICATE OF SERVICE
I certify that I have requested that efile.txcourts.gov electronically serve
a copy of this motion to:
R. Scott Shearer
shearerlegal(5)yahoo.com
Counsel for Appellant
/s/ C.A. Morgan
Clinton A. Morgan
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
morgan clinton(5)dao.hctx.net
TBC No. 24071454
Date: August 7. 2015