Terri Regina Lang v. State ( 2015 )

ACCEPTED
03-15-00332-CR
7555620
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/27/2015 11:40:28 AM
JEFFREY D. KYLE
CLERK
CAUSE NO. 03-15-00332-CR
_________________________________________________
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE COURT OF APPEALS 10/27/2015 11:40:28 AM
FOR THE THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
AUSTIN DIVISION Clerk
_________________________________________________
TERRI REGINA LANG §
§
v. §
§
STATE OF TEXAS §
_______________________________________________
APPELLANT’S FIRST MOTION TO EXTEND
TIME TO FILE APPELLANT’S BRIEF
_______________________________________________
Justin Bradford Smith
Texas Bar No. 24072348
Harrell, Stoebner, & Russell, P.C.
2106 Bird Creek Drive
Temple, Texas 76502
Phone: (254) 771-1855
FAX: (254) 771-2082
Email: justin@templelawoffice.com
ATTORNEY FOR APPELLANT
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 1
Terri Regina Lang v. State; Cause No. 03-15-00332-CR
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, Appellant, TERRI REGINA LANG, who files this First
Motion for Extension of Time to File Appellant’s Brief, and shows unto the Court
as follows:
I.
Appellant’s brief is due on or before October 28, 2015.
II.
Appellant seeks an additional thirty (30) days to file her brief, which should
make his brief due on or before November 30, 2015 (actual deadline falls on
Friday, November 27, 2015, which is the day after Thanksgiving—Appellant’s
counsel assumes the Court is closed on the day after Thanksgiving, and the next
days, of course, are Saturday and Sunday).
III.
Facts relied on to reasonably explain the need for an extension include the
following:
1. Preparation for oral argument to be held on November 5, 2015
in the capital murder case of Sherill Ann Small v. State, Cause
No. 14-15-00039-CR. The record is voluminous (23 volumes
of the Reporter’s Record; 1 Unsealed Clerk’s Record; 1 Sealed
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 2
Terri Regina Lang v. State; Cause No. 03-15-00332-CR
Clerk’s Record; 2 Supplemental Clerk’s Record), and
preparation has been frequent since the case was set for oral
argument on September 24, 2015 (e.g., September 29, 2015;
October 12, 2015; October 13, 2015; October 14, 2015;
October 15, 2015; October 16, 2015; October 19, 2015;
October 20, 2015; October 21, 2015; October 22, 2015;
October 23, 2015; October 24, 2015; October 26, 2015).
2. Preparation and filing of, as well as legal research related to, a
supplemental brief amending the second issue in Sherill Ann
Small v. State, 14-15-00039-CR, as well as a motion for leave
to amend, a request for a supplemental clerk’s record, a letter to
the Court of Appeals regarding the lack of an objection from
the State to the amendment, etc.. Work was necessary after
learning the clerk’s file contained documents that were not a
part of the clerk’s record and that required the amendment of
issue two. Also visited client in Gatesville regarding oral
argument, amending second issue, etc. Work performed on
September 30, 2015; October 1, 2015; October 2, 2015;
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 3
Terri Regina Lang v. State; Cause No. 03-15-00332-CR
October 3, 2015; October 5, 2015; October 6, 2015; October 7,
2015.
3. Review record and perform legal research for brief that was due
on September 28, 2015 in In the Matter of C.P., 03-15-00276-
CV. (Work performed on September 28, 2015). [includes only
the day after which the thirty-day deadline to file a brief in the
instant case began]
4. Review record and perform legal research for briefs that were
due on September 23, 2015 and September 24, 2015 in
Raymond Ross Mormino, II v. State, Cause Nos. 10-15-00167-
CR and 10-15-00173-CR. Work performed on September 29,
2015.
5. Work related to new appellate appointments:
a. In re: W.H., et al, Minor Children; Cause No. 267,051.
Drafting and filing motion for new trial, motion to disregard
jury answers, and related orders; jail visit with client; draft
and file notice of appeal, request for clerk’s record, request
for reporter’s record. Work performed on October 21, 2015;
October 22, 2015; and October 27, 2015.
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 4
Terri Regina Lang v. State; Cause No. 03-15-00332-CR
b. State of Texas v. Eian Hurlburt; Cause Nos. 22,444; 22,445;
22,446; and 22,447; 52nd District Court, Coryell County,
Texas (request initial documents on October 23, 2015).
6. Work related to new case to go on appeal in In re: H.C.C.,
Cause No. 254,204, 426th District Court, Bell County, Texas.
(Drafting/Revising Proposed Final Order and coordinating with
trial counsel; letter to court regarding order) (September 29,
2015; October 7, 2015; October 15, 2015). [includes only those
dates after the thirty days to file the brief in the instant case
began]
7. Work related to appeal, Fernando Smith v. State, Cause No. 10-
15-00263-CR, including review of part of file at courthouse in
Gatesville (on October 2, 2015) and ensuring trial counsel’s
presence at return from shock probation hearing held on
October 14, 2015 (work performed on October 13, 2015).
8. Drafting and filing revised request for clerk’s record in In re:
B.M.W., 03-15-00380-CV (Trial Court Cause No. 231,743-B).
Work performed on October 27, 2015.
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 5
Terri Regina Lang v. State; Cause No. 03-15-00332-CR
9. Legal research and related assistance with Samuel Corman v.
Alltell Communication, LLC, et al, Cause No. Cause No. CV
06815, Hamilton County, and/or case pending in federal court
(Civil Case No. 6:15-CV-264). Work performed on October 7,
2015; October 8, 2015; October 12, 2015.
10. Time lost completing “CLE Fifteen: Criminal Law 2014 (Top
Rated Topics from the Past Year)” (15.25 hours, including 3
hours ethics) (MCLE No: 901307940) (Viewed on or around
October 10, 2015; October 12, 2015; October 13, 2015).
11. Completing reporting requirements for court appointments
required by Article 26.04(j)(4), Code of Criminal Procedure.
Reporting required for eleven counties (Bastrop, Bell, Bosque,
Bowie, Burnet, Cass, Coryell, Limestone, Llano, McLennan,
Milam) (performed on or about October 14, 2015).
12. Attended three oral arguments plus a panel discussion by part
of the Third Court of Appeals, as part of Fall Bench/Bar CLE
on October 22, 2015. MCLE Number 901326885.
13. Time lost taking car to dealership for service on the afternoon
of October 1, 2015.
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 6
Terri Regina Lang v. State; Cause No. 03-15-00332-CR
14. Miscellaneous work related to cases not having cause numbers
because not yet pending (e.g., coordinating pre-suit mediation)
or are transactional (contract revision/review) (performed
variously over the course of the last month).
IV.
No previous extensions have been requested and granted in this matter.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to
extend his time for filing his brief to thirty (30) days from the date his brief is
currently due.
Respectfully submitted:
/s/ Justin Bradford Smith
Justin Bradford Smith
Texas Bar No. 24072348
Harrell, Stoebner, & Russell, P.C.
2106 Bird Creek Drive
Temple, Texas 76502
Phone: (254) 771-1855
FAX: (254) 771-2082
Email: justin@templelawoffice.com
ATTORNEY FOR APPELLANT
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 7
Terri Regina Lang v. State; Cause No. 03-15-00332-CR
CERTIFICATE OF SERVICE
I hereby certify that, on October 27, 2015, a true and correct copy of the
Appellant’s Second Motion to Extend Time to File Appellant’s Brief was provided
to counsel via the method indicated below:
Burnet County District Attorney
c/o Gary W. Bunyard
1701 E. Polk, Ste 24
Burnet, Texas 78611
Phone: (512) 756-5449
Fax: (512) 756-8572
VIA EMAIL: g.bunyard@co.llano.tx.us
VIA ESERVICE
Attorneys for State of Texas
/s/ Justin Bradford Smith
Justin Bradford Smith
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 8
Terri Regina Lang v. State; Cause No. 03-15-00332-CR