Black, Terrance Deering

PD-1371-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 11/13/2015 4:30:55 PM
Accepted 11/16/2015 3:02:30 PM
ABEL ACOSTA
ga^ttm^ff-f**?!?" ^r^r.-T-^-'—^' CLERK
No. PD-1371-15 r^
IN THE COURT OF CRIMINAL APPEALS V 13 - P
OF TEXAS l £<-
TERRANCE DEERING BLACK, § ( ^ iS
Petitioner, § IN THE EIGHTH
§ JUDICIAL DISTRICT
vs. § COURT OF APPEALS
§ SAN ANTONIO, TEXAS
THE STATE OF TEXAS § 08-12-00338-CR
Respondent. § __-__TOr.__. _ .
SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:
NOW COMES Petitioner, TERRANCE DEERING BLACK, by and through
his undersigned counsel, and files this second Unopposed Motion for Extension of
Time to file his petition for discretionary review, pursuant to Rule 68.2(c) of the
Texas Rules of Appellate Procedure. Petitioner respectfully requests a thirty (30)
day extension to and including December 23, 2015. This is Petitioner's second
motion for extension of time to file his brief. In support of this motion Petitioner
would show as follows:
1. Petitioner's brief is currently due on November 23, 2015.
FILED IN
COURT OF CRIMINALAPPEALS
November 16, 2015
ABEL ACOSTA, CLERK
2. This Honorable Court indicated in granting the first extension that "no
further extensions will be entertained". Counsel respectfully requests that
this motion be considered.
3. Counsel's staff has conferred with Assistant District Attorney Libby Lange,
and she does not oppose this motion.
4. Counsel has been reviewing the record and working on the issues for this
Petition for Discretionary Review. Counsel did not try the case nor prepare
the appeal.
5. Two of the issues being prepared have a split in the courts of appeals.
6. Undersigned counsel was appointed as a member of the Texas Board of Law
Examiners and her term started on September 2015. Since September 2015,
she has been attending meetings, hearings, grading and re-grading law
exams and preparing 2016 and 2017 law exams. Counsel is honored to be a
member of this Board. She did not anticipate the considerable amount of
time that would be needed to complete each task. She has attended meetings
and hearings on September 10-11, 2015; October 9, 2015; and November
12-13, 2015. December 11, 2015 will be the last meeting for the year.
Undersigned Counsel has the following judicial conflicts:
7. Undersigned counsel has an appeal brief due on October 27, 2015 in Wissam
Allouche v. United States of America, Cause No. 15-50409 in the United
States Fifth Circuit Court of Appeals.
8. -50409 in the United States Fifth Circuit Court of Appeals.
9. Undersigned counsel is engaged in reaching a global settlement in United
States of America vs. Neal Kasper, et ah, Cause No. CR-12-413 in the
United States District Court for the District of New Mexico. This case is
certified as complex.
10.Undersigned counsel has prepared and filed, on November 13, 2015, an
Amended Motion to Dismiss in United States ofAmerica v. Kasper Pro Vac
Services, LLC, et ah, Cause No. 5:12-CA-00323-HJB in the United States
District Court for the Western District of Texas, San Antonio Division. A
status conference concerning attempts to resolve this matter and missing
attachments was at issue here, on October 19, 2015.
11.Undersigned counsel has been reviewing voluminous discovery in a
complex case of United States of America vs. Curtis DeBerry, Cause No.
5:14-CR-00524-XR; a Superseding Indictment was filed on October 7, 2015.
Hearings have taken place on October 8, 2015 and November 12, 2015.
Discovery issues continue to be cause for discussion, in-person meetings or
court hearings.
12.Undersigned counsel is set for trial on November 30, 2015, in State of Texas
vs. Cathy Gaffney, Cause No. 2015-CR-6794 in the 175th Judicial District
Court, San Antonio, Bexar County, Texas.
13.Undersigned counsel is set for a writ hearing on December 3, 2015, in Ex
parte Paulo Cesar Solis, No. 927855-A in the 263rd District Court, Harris
County, Texas.
14.Undersigned counsel had a docket call on October 13, 2015 in United States
ofAmerica vs. Jetter Andrew Barker, IV, in the United States District Court
for the Western District of Texas, Del Rio Division. This case has now been
reset for trial on January 19, 2016.
15.Undersigned counsel's client turned himself in on an arrest warrant in State
of Texas vs. Frederick R. Schauer, III, Cause No. 15-9-9548 in the 24th
Judicial District Court, Jackson County, Edna, Texas, on or about October
12, 2015. A bond hearing was held on October 15, 2015. Pretrial motions
have been prepared and filed, and others are still in the process of being
written.
16.Undersigned counsel was appointed to a federal case of United States of
America vs. Rene Martinez, Cause No. 5:14-CR-00654(19)-FB on October
19, 2015. A detention hearing was scheduled for October 27, 2015.
Negotiations for attempting resolution are ongoing at this time.
17.Undersigned counsel is preparing Findings of Fact and Conclusions of Law
in a Writ of Habeas Corpus proceeding in Ex Parte James R. Hiatt, Cause
No. 2006-CR-2741-W3 in the 144th Judicial District Court, Bexar County,
San Antonio, Texas.
Undersigned counsel has the following professional conflicts:
18. Undersigned counsel is scheduled to travel to Shanghai, China on
November 17, 2015, returning on November 22, 2015. She has been invited
to attend the Global White Collar Crime Institute. Counsel will be attending
as a representative of the American Bar Association, as the Immediate Past-
Chair of the Criminal Justice Section.
19. Undersigned counsel is scheduled to travel to Guantanamo Bay, Cuba on
December 5, 2015 through December 13, 2015. She will be the UN
Observer on behalf of the American Bar Association attending the GTMO
hearings on December 7-11, 2015.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully prays
that this Honorable Court grant him an additional thirty (30) days to and including
December 23, 2015 to file his Petition for Discretionary Review and for any other
relief under this Court's supervisory power.
Respectfully submitted:
CYNTHIA E. ORR
Bar No. 15313350
GOLDSTEIN, GOLDSTEIN & HILLEY
310 S. St. Mary's St.
29th Floor Tower Life Building
San Antonio, Texas 78205
210-226-1463
210-226-8367 facsimile
By: /s/ Cynthia E. Orr
CYNTHIA E. ORR
Attorney for Petitioner,
TERRANCE DEERING BLACK
CERTIFICATE OF SERVICE
I hereby certify that a copy of the above foregoing Second Unopposed
Motion for Extension of Time to File PDR has been served via e-mail through the
E-file, Electronic Filing System, to Assistant District Attorney Libby Lange, on
this the 13th day of November, 2015.
By: Js/Cvnthia E. Orr
CYNTHIA E. ORR