ACCEPTED
03-15-00819-CR
11262454
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/21/2016 4:11:45 PM
JEFFREY D. KYLE
CLERK
CAUSE NO. 03-15-00819-CR
_________________________________________________
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE COURT OF APPEALS 6/21/2016 4:11:45 PM
FOR THE THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
AUSTIN DIVISION Clerk
_________________________________________________
TIMOTHY STEVEN BLACKARD §
§
v. §
§
THE STATE OF TEXAS §
_______________________________________________
APPELLANT’S SECOND 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 Second Motion to Extend Time to File Appellant’s Brief Page 1
Blackard v. State; Cause No. 03-15-00819-CR
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, Appellant, TIMOTHY STEVEN BLACKARD who files
this Second 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 June 22, 2016.
II.
Appellant is asking for an additional thirty days to file his brief, which
should make his brief due on or before July 21, 2016.
III.
Facts relied on to reasonably explain the need for an extension include the
following:
1. Preparation for oral argument delivered in Dwayne Darnell
McGowan v. State, 07-15-00270-CR involving complex, novel
question of whether the common law ability-to-pay defense has
been superseded by statute. (argued on May 25, 2016; work
since brief was last due in this case performed on May 23,
2016; May 24, 2016; May 25, 2016; May 26, 2016 (detailed
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 2
Blackard v. State; Cause No. 03-15-00819-CR
communication with client regarding oral argument
impressions)).
2. Review clerk’s record and reporter’s record in Eian Tilor
Hurlburt v. State; Cause No. No. 10-15-00400-CR, 10-15-
00401-CR, No. 10-15-00402-CR, No. 10-15-00403-CR; Draft
and file four briefs and perform/review legal research. Detailed
client communication regarding brief, next steps. (Work
performed on May 27, 2016; May 31, 2016; June 1, 2016; June
2, 2016; June 3, 2016; June 7, 2016).
3. Review reporter’s and clerk’s records, perform research, and
draft and file brief; review State’s brief; letters to client
regarding above in Justin Keith Vega v. State; Cause No. 08-16-
00057-CR. (Work performed on June 1, 2016; June 2, 2016;
June 6, 2016; June 7, 2016; June 8, 2016; June 9, 2016; June
14, 2016).
4. Draft and file motion for rehearing (and perform related legal
research), and have telephone conferences with client’s husband
regarding PDR/motion for rehearing, in Sherrill Ann Small v.
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 3
Blackard v. State; Cause No. 03-15-00819-CR
State, 14-15-00039-CR, capital murder case. (Work performed
on May 25, 2016; May 31, 2016; June 3, 2016).
5. Review State’s Motion to Dismiss for Lack of Jurisdiction and
perform/review legal research regarding same (involving
question of first impression for 10th Court of Appeals—whether
a criminal defendant has authority to appeal an order granting
shock probation), and draft and file response; review State’s
brief on the merits; all in Fernando Smith v. State, Cause No.
10-15-00263-CR. (Work performed on June 9, 2016 and June
10, 2016).
6. Legal research and detailed letter to client regarding concurrent
versus consecutive sentencing in federal versus state
sentencing; telephone with client, and work related to
confirming whether client’s state sentence is running
concurrently with his federal sentence. Santos Salinas v. State,
Cause No. 13-15-00310-CR. (Work performed on May 31,
2016; June 6, 2016)
7. Draft and file Notice of Past Due Findings of Fact and
Conclusions of Law and letter to court regarding same;
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 4
Blackard v. State; Cause No. 03-15-00819-CR
complete and file docketing statement; review proposed
findings of fact and conclusions of law from opposing counsel
and perform related legal research in Phillip Randall Clemons
v. Vianney Lynn; Cause No. 03-16-00360-CV (In re: H.C.C., A
Child; Cause No. 254,204 in the 426th District Court of Bell
County, Texas). (Work performed on May 25, 2016; June 6,
2016; June 8, 2016).
8. Review court’s opinion/judgment and send to client in
compliance with Rule 48.4 of the Texas Rules of Appellate
Procedure, as well as draft and file Rule 48.4 letter, in Stanley
Bernard Abney v. State, Cause No. 03-15-00421-CR. (Work
performed on June 10, 2016 and June 21, 2016).
9. Draft and file First Motion for Extension of Time to File Brief
in Jesse Daniel Sabedra, III v. State, Cause No. 10-16-00033-
CR. (Work performed on June 1, 2016).
10. Draft and file Rule 48.4 letters in Raymond Ross Mormino, II v.
State; Cause No. 10-15-00167-CR and No. 10-15-00173-CR.
(Work performed on June 1, 2016)
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 5
Blackard v. State; Cause No. 03-15-00819-CR
11. Initial work (draft motion for new trial, request reporter’s
record, request clerk’s record, complete and file docketing
statement) related to four new appeals:
a. Andre Rynell Edwards v. State; Cause No. 10-16-00193-
CR (15-22854; 52nd District Court, Coryell County,
Texas) (Work performed June 6, 2016).
b. Major Thomas Davis v. State; Cause No. 03-16-00334-
CR (Work performed on May 27, 2016).
12. Work related to easement agreement/settlement of Shawn Jones
and April Jones v. Juanita C. Smith, et al, Cause No. 223,129-
B; 146th District Court of Bell County, Texas. (Work
performed on May 31, 2016).
13. Meet with client, and review/revise proposed discovery to send
in Girly Bennett v. Susanna Allen, Cause No. D-1-GN-15-
005031; 98th District; Travis County (Work performed on June
June 10, 2016 and June 21, 2016).
14. Preparation for CLE to deliver on May 27, 2016
(reviewing/revising materials, practicing delivery, etc.—May
26, 2016) and delivering CLE to Highland Lakes Bar
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 6
Blackard v. State; Cause No. 03-15-00819-CR
Association in Marble Falls (approximately an hour and a half
away, one way) on May 27, 2016.
15. Miscellaneous work related to non-litigation (e.g., advising on
independent contractor agreement, laser hair removal rental
agreement, etc.) or cases not yet in litigation (e.g., demand
letter, hot check) (performed variously over the course of the
last month or so).
16. Time lost out for funeral for stepgrandmother in San Antonio
on June 13, 2016.
17. Time lost on May 30, 2016 for Memorial Day because office
was closed.
18. Time lost on June 7, 2016 for eye doctor appointment.
IV.
No previous extension 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.
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 7
Blackard v. State; Cause No. 03-15-00819-CR
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
CERTIFICATE OF SERVICE
I hereby certify that, on June 21, 2016, a true and correct copy of the
Appellant’s First 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
Email: g.bunyard@co.llano.tx.us
VIA ESERVICE
Attorneys for State of Texas
/s/ Justin Bradford Smith
Justin Bradford Smith
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 8
Blackard v. State; Cause No. 03-15-00819-CR