Rodney Boyett v. State ( 2015 )

ACCEPTED
06-15-00024-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
7/27/2015 12:00:00 AM
DEBBIE AUTREY
CLERK
SIXTH COURT OF APPEALS
FILED IN
6th COURT OF APPEALS
06-15-00024-CR TEXARKANA, TEXAS
7/27/2015 8:14:00 AM
DEBBIE AUTREY
Rodney Boyett, Appellant Clerk
v.
State of Texas, Appellee
On Appeal from the 6th Judicial District Court
Lamar County, Texas
Cause Number 25506
Motion to Extend Time to File
Appellant’s 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 Appellant
To the Honorable Justices of the Court of Appeals:
Appellant Rodney Boyett 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 6th Court of Appeals of Lamar County,
Texas.
2. The case below is styled the State of Texas v. Rodney Boyett, and is
numbered 25506.
3. On February 3, 2015, sentence was imposed in open court.
4. Appellant was convicted of Conspiracy to Manufacture a Controlled
Substance.
5. Appellant is presently on an appeals bond, and was placed on
community supervision for a period of three years.
6. The reporter’s record was filed on July 7, 2015.
7. The clerk’s record was filed on March 31, 2015.
8. The Appellant’s Brief is due on August 6, 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 September 5, 2015.
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 completed a petition for writ of certiorari in
2
the Supreme Court of the United States in Murray v. Texas, 15-67, a brief in the
Court of Criminal Appeals in State v. Hill III, PD-0019-15, a petition for
discretionary review in Baker v. State, PD-____-15, and is finalizing a petition for
writ of certiorari in the Supreme Court of the United States in Hill III v. CHD.
12. Further, Attorney for Appellant has the following briefs, petitions for
discretionary review, or other pleadings due soon:
 Collins v. State, 08-15-00103 (murder case), appellant’s brief due on
August 10, 2015 in the Eighth Court of Appeals
 Jackson v. State, 05-15-00414-CR, appellant’s brief due on August
10, 2015 in the Fifth Court of Appeals
 Hernandez v. State, 10-14-00302-CR, reply brief due on August 10,
2015 in the Tenth Court of Appeals
 Zimmerman v. Harris, 15-50424, appellant’s brief due on August 20,
2015 in the Fifth Circuit
 Burks v. Price, 15-40799, appellant’s brief (will be due) on September
9, 2015 in the Fifth Circuit
13. In addition, Attorney for Appellant continues work on a federal
habeas corpus death penalty case, Jones v. Stephens, 4:05-CV-638-Y.
14. Further, Attorney for Appellant also continues work on a state habeas
corpus death penalty case, Ex parte Thomas, F86-85539, in the 194th Judicial
District Court. This case is in its investigation stage and requires considerable
amount of time.
3
15. Finally, Attorney for Appellant continues work on several habeas
cases involving the underlying issue in Miller v. Alabama, 132 S.Ct. 2455 (2012).
16. 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.
17. Attorney for Appellant thus requests the extension so that he may
properly prepare the Appellant’s Brief in accordance with Attorney for Appellant’s
standards and to provide Appellant the effective assistance of appellate counsel.
18. 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
445 E. FM 1382 No. 3-718
Cedar Hill, Texas 75104
Phone: 972-795-2401
Fax: 972-692-6636
Email: michael@mowlalaw.com
Texas Bar No. 24048680
Attorney for Appellant
4
/s/ Michael Mowla
Michael Mowla
Certificate of Service
This certifies that on July 26, 2015, a true and correct copy of this document
was served on Gary Young of the District Attorney’s Office, Lamar County, by
email to gyoung@co.lamar.tx.us.
/s/ Michael Mowla
Michael Mowla
5