Thien Quoc Nguyen v. State ( 2015 )

ACCEPTED
06-15-00127-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
11/5/2015 2:06:50 PM
DEBBIE AUTREY
CLERK
SIXTH COURT OF APPEALS
FILED IN
06-15-00127-CR 6th COURT OF APPEALS
TEXARKANA, TEXAS
11/5/2015 2:06:50 PM
DEBBIE AUTREY
Thien Quoc Nguyen, Appellant Clerk
v.
State of Texas, Appellee
On Appeal from the 219th Judicial District Court
McLennan County, Texas
Cause Number 2012-2444-C1
Motion to Extend Time to File
Appellant’s Brief
Michael Mowla
P.O. Box 868
Cedar Hill, Texas 75106
Phone: 972-795-2401
Fax: 972-692-6636
michael@mowlalaw.com
Texas Bar No. 24048680
Attorney for Appellant
To the Honorable Justices of the Court of Appeals:
Appellant moves for an extension of time of 30 days to file the Appellant’s
Brief [See Tex. Rule App. Proc. 10.5(b) and 38.6(c)]:
1. This case is on appeal from the 19th District Court of McLennan
County, Texas.
2. The case below is styled the State of Texas v. Thien Quoc Nguyen, and
is numbered 2012-2444-C1.
3. On June 11, 2015, sentence was imposed in open court.
4. Appellant was convicted of Aggravate Assault with a Deadly
Weapon.
5. Appellant is presently incarcerated.
6. The reporter’s record was filed on November 3, 2015.
7. The clerk’s record was filed on October 8, 2015.
8. The Appellant’s Brief is due on December 3, 2015.
9. Appellant requests an extension of time of 30 days from the present
due date to file the Appellant’s Brief, i.e., until January 2, 2016.
10. No previous extension to file the Appellant’s Brief has been filed.
11. Appellant relies on the following facts as good cause for the requested
extension: Attorney for Appellant just presented oral argument in the Court of
Criminal Appeals in State v. Hill III, PD-0019-15, which is a complex, time-
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consuming case.
12. Further, Attorney for Appellant has the following briefs, petitions for
discretionary review, or other pleadings due soon:
 United States v. Wafer, 15-50642, appellant’s brief due in the 5th
Circuit, November 12, 2015.
 Collins v. State, 08-15-00103-CR, Reply Brief due in the 8th Court of
Appeals, November 18, 2015.
 Geiger v. State, 08-15-00213-CR, Appellant’s Brief due in the 8th
Court of Appeals, November 20, 2015.
 United States v. Carroll, 3:15-cv-03521-N, Brief in support of motion
under 28 U.S.C. § 2255, due November 30, 2015.
13. In addition, Mowla has been working on two complex death penalty
habeas cases - Ex parte Thomas, F86-85539, in the 194th Judicial District Court,
and Green v. Director, 3:15-cv-02197-M-BH, in the Northern District of Texas.
The due date of the application in Thomas will likely be in January 2016.
14. Finally, Attorney for Appellant continues work on several habeas
cases involving the underlying issue in Miller v. Alabama, 132 S. Ct. 2455 (2012).
15. Attorney for Appellant has a responsibility to provide Appellant with
the effective assistance of appellate counsel, see Evitts v. Lucey, 469 U.S. 387, 392
(1985), and Attorney for Appellant believes that that the additional time is
necessary to provide such effective appellate counsel.
16. Attorney for Appellant thus requests the extension so that he may
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properly prepare the Appellant’s Brief.
17. This Motion is not filed for purposes of delay, but so that justice may
be served.
Prayer
Appellant prays that this motion for extension of time to file the Appellant’s
Brief be granted.
Respectfully submitted,
Michael Mowla
P.O. Box 868
Cedar Hill, Texas 75106
Phone: 972-795-2401
Fax: 972-692-6636
Email: michael@mowlalaw.com
Texas Bar No. 24048680
Attorney for Appellant
/s/ Michael Mowla
Michael Mowla
Certificate of Service
This certifies that on November 5, 2015, a true and correct copy of this
document was served on Sterling Harmon of the District Attorney’s Office,
McLennan, by email to sterling.harmon@co.mclennan.tx.us.
/s/ Michael Mowla
Michael Mowla
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