Clifford Bernard Nelson v. State

ACCEPTED
06-14-00204-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
6/1/2015 5:54:48 PM
DEBBIE AUTREY
CLERK
CAUSE NO. 06-14-00204-CR
FILED IN
CLIFFORD BERNARD NELSON § 6th COURT
IN THE COURT OF APPEALS
OF APPEALS
TEXARKANA, TEXAS
§ 6/1/2015 5:54:48 PM
VS. § FOR THE SIXTH DISTRICT
DEBBIE AUTREY
§ Clerk
THE STATE OF TEXAS § OF THE STATE OF TEXAS
STATE'S THIRD MOTION TO EXTEND TIME
FOR FILING STATE’S BRIEF
THE STATE OF TEXAS, by and through the undersigned Assistant District
Attorney, respectfully moves the Court to extend the time for filing of the
Appellee’s Brief in accordance with Rule 10.5 of the Texas Rules of Appellate
Procedure. In support of its motion, the State respectfully offers the following:
1. The Appellee’s brief is due today, June 1, 2015, after two extensions, and I
have not completed it.
2. Appellant relies on the following facts as good cause for the requested
extension: In my second motion, I had asked for an extension until June 10,
and was granted an extension only until today, June 1. I had another brief and a
habeas response to write before today, and I accomplished those, but did not
quite finish this one. On Tuesday of last week, I traveled to the the criminal
appeals conference in Austin and this weekend I traveled to Mesquite for my
grandson’s graduation celebration. Today I participated in a motion for new
trial that began at 1:30 and ended at 5:45, after which I came back to my office
to get this motion completed and filed.
3. The State seeks an additional 4 days, until Friday, June 5, 2015. The
undersigned will, nonetheless, attempt to complete and file the State’s brief
prior to the extended deadline.
4. The undersigned attorney is responsible for all post-conviction prosecution for
the Gregg County Criminal District Attorney’s Office, including direct appeals
and applications for habeas corpus, bond forfeitures and traffic citation appeals.
In the past 21 days the undersigned attorney has worked on the following:
A. Appellate brief in aggravated robbery case:
1. Cinque Ross v. State, 06-14-00157-CR (8 volumes, 4 issues)
filed Monday, May 11, 2015 after one extension.
2. King v.State, 06-14-00166 –CR due June 1, 2015, filed May 21,
2015 after one extension.
B. Responses to habeas applications:
1. Ex parte Matthew Spratling, due June 1, 2015, filed May 26
C. Protracted motion for new trial, alleging ineffective assistance of
counsel, State v. Hudgins, 43,645 B, with hearings held on May 22
and June 1 until 5:45 p.m.
6. In the next 30 days the undersigned attorney has briefing deadlines in the
following cases in addition to this one:
A. Appellate Briefs:
1. Sibley v. State, 06-15-00009-CR due June 8, 2015.
B. Response to One DNA Motion
1. Bennie Guy v. State, 23,613-B received April 21, 2015.
7. This extension is not requested for purposes of delay, but so that justice may be
done.
Respectfully submitted,
/s/Zan Colson Brown
Zan Colson Brown
Texas Bar No. 03205900
Assistant District Attorney
101 East Methvin St., Suite 333
Longview, TX 75601
Telephone: (903) 236–8440
Facsimile: (903) 236–3701
E-mail: zan.brown@co.gregg.tx.us
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the above and foregoing has been
forwarded to all counsel of record by electronic transmission to:
Mr. Ebb Mobley
P.O. Box. 2309
Longview, Texas 75606
Ebbmob@aol.com
This 1st day of June, 2015.
/s/ ZanColsonBrown
Zan Colson Brown
Assistant District Attorney