ACCEPTED
12-14-00158
TWELFTH COURT OF APPEALS
TYLER, TEXAS
1/12/2015 12:43:11 PM
CATHY LUSK
CLERK
CASE NO.: 12-14-00158-CR CR
Trial Court Case Number: 007-0505-13
FILED IN
RICKY NEAL, JR., 12th COURT OF APPEALS
Appellant, THE TWELFTH COURT OF
TYLER, TEXAS
APPEALS, TYLER DIVISION
1/12/2015 12:43:11 PM
CATHY S. LUSK
Clerk
vs.
THE STATE OF TEXAS,
Appellee.
APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, the Appellant, RICKY NEAL, JR., in the above-styled and
numbered cause, by and through the undersigned counsel, and files this Motion for
Extension of Time to File Initial Brief in accordance with Texas Rule of Appellate
Procedure 10.5(b). In support thereof, the undersigned would show this Honorable Court
as follows:
1. A Smith County jury returned a verdict of guilty against Appellant for the offense of
murder on May 21, 2014. The 7th Judicial District Court thereafter sentenced Appellant to a
term of Life in the Texas Department of Criminal Justice.
2. On June 16, 2014, Appellant filed his notice of appeal with this Court.
3. On September 20, 2014, the undersigned received 19 volumes of the official court
reporter’s record of the case. The undersigned has not yet completed a review of the transcripts.
4. The undersigned is presently reviewing trial counsel’s discovery file which consists of a
banker box of discovery reports, statements, exhibits and CD-ROM video recordings of the
crime scene.
5. Appellant’s brief is presently due on or before January 20, 2015.
6. Despite the undersigned’s best efforts, it is unlikely that the initial brief on the merits will
be complete prior to expiration of the present briefing deadline. For the last 30-days, counsel has
worked almost exclusively on a capital murder federal habeas writ due that is due on January 13,
2015 to the United States District Court for the Western District of Texas in the matter of Paul
DeVoe v. Stephens (Director of TDCJ), 1:14CV00151-SS.
7. In lieu of the above circumstances, the undersigned respectfully submits that a 30-day
extension of the briefing deadline would best serve the ends of justice in this cause.
8. This is counsel’s second request for extension in this cause.
9. On January 7, 2015, the undersigned contacted Assistant District Attorney Michael J.
West with respect to this motion. The State does not oppose this motion.
WHEREFORE, PREMISES CONSIDERED, the Defendant hereby specifically requests
that this Honorable Court grant a 30-day extension from the present deadline date for the filing
of Appellant’s initial brief.
Respectfully submitted,
/s/ Carlo D’Angelo
CARLO D’ANGELO
ATTORNEY AT LAW
100 East Ferguson, Suite 1210
Tyler, Texas 75702
Texas State Bar No. 24052664
Tel 903.595.6776
Fax 903.407.4119
carlo@dangelolegal.com
Attorney for Appellant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing motion was
furnished to Assistant District Attorney Michael J. West, Office of the District Attorney, 100
North Broadway, 4th Floor, Smith County, Texas, 75702 via electronic filing on this 12 January
2015.
/s/ Carlo D’Angelo
Carlo D’Angelo
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