ACCEPTED
12-14-00309-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
2/9/2015 5:59:21 PM
CATHY LUSK
CAUSE NO. 12-14-00309-CR CLERK
JOLLY DEE NEELY § IN THE
§
VS. § TWELFTH COURT
FILED IN
§ 12th COURT OF APPEALS
THE STATE OF TEXAS § OF APPEALS TYLER, TEXAS
2/9/2015 5:59:21 PM
MOTION TO CATHY S. LUSK
Clerk
EXTEND TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Appellant in the above styled and numbered cause, and moves this
Court to grant an extension of time to file appellant's brief, pursuant to Rule 38.6 of
the Texas Rules of Appellate Procedure, and for good cause shows the following:
1. This case is on appeal from the 7th Judicial District Court of Smith County,
Texas.
2. The case below was styled State of Texas v. Jolly Dee Neely and numbered
007-0479-14.
3. Appellant was convicted of Assault with a Deadly Weapon.
4. Appellant was assessed a sentence of sixty (6) years confinement in the Texas
Department of Criminal Justice-Institutional Division.
5. Notice of Appeal was given on October 27, 2014.
6. The Clerk's Record was filed on December 9, 2014 and supplemented on
December 9, 2014; the Reporter's Record was filed on December 4, 2014.
7. The Appellant’s Brief is due on February 9, 2015. Counsel requests the Court
an extension of thirty (30) days due to the number of briefs with deadlines.
8. Appellant requests an extension of time due to the following facts and
circumstances.
Since the Reporter’s Record in this case was completed, Counsel has filed:
A. On December 15, 2014, Counsel filed the Appellant’s Brief in
Brandon Medford v. State of Texas, cause no. 12-14-00109-CR
with no further extensions.
B. On December 15, 2014, Counsel filed the Appellant’s Brief in
Jeffrey Dock Wright. v. State of Texas, cause no. 12-14-00125-CR
with no further extensions.
C. On December 15, 2014, Counsel filed the Appellant’s Brief in
Angela Hardin v. State of Texas, cause nos. 12-14-00180-CR and
12-14-00181-CR with no further extensions.
D. On December 18, 2014, Counsel filed the Appellant’s Brief in
Darren McDaniel v. State of Texas, cause no. 12-14-00124-CR
with no further extensions.
E. On January 5, 2015, Counsel filed the Appellant’s Brief in Kathy
Spears v. State of Texas, cause no. 12-14-00163-CR.
F. On January 5, 2015, Counsel filed the attorney affidavit in State
of Texas v. Jerry Gee, cause no. 114-0957-12 in response to an
11.07 writ filed by Mr. Gee. Counsel did not receive notice of
Judge Kennedy’s order with the deadline issued on November 12,
2014 until January 5, 2015.
G. On January 5, 2015, Counsel filed the Clemency Petition in State
v. Robert Charles Ladd, cause number 114-80305-97.
H. On January 7, 2015, Counsel filed the Appellant’s Brief in
Brandon Simmons v. State of Texas, cause no. 12-14-00159-CR.
I. On January 12, 2015, Counsel filed the Appellant’s Brief in
Jaworski Adkins v. State of Texas, cause no. 12-14-00130-CR with
no further extensions.
J. On January 15, 2015, Counsel filed the Appellant’s Brief in Daniel
Spangler v. State of Texas, cause no. 12-14-00195-CR with no
further extensions.
K. On January 22, 2015, Counsel filed the Appellant’s Brief in Fatima
Rahman v. State of Texas, cause no. 12-14-00225-CR with no
further extensions.
L. On January 28, 2015, Counsel filed the Appellant’s Brief in
Davontae Robinson v. State of Texas, cause no. 12-14-00197-CR
with no further extensions.
9. Counsel has appeared in numerous hearings in state and federal court over the
last thirty days, including hearings in the Tyler and Texarkana Federal District
Courts, and hearings in Smith and Van Zandt Counties.
10. Lastly, Appellant’s Counsel has the following briefs pending:
A. Appellant’s Brief in Roberta Bagwell v. State of Texas, cause no.
12-14-00248-CR on February 9, 2015;
B. Appellant’s Brief in Craig Pruitt v. State of Texas, cause no. 12-
14-00303-CR on February 19, 2015;
C. Appellant’s Brief in Joseph Ardry v. State of Texas, cause no. 12-
14-00130-CR on February 19, 2015;
D. Appellant’s Brief in Frederick Perkins v. State of Texas, cause no.
12-14-00290-CR upon completion of the Reporter’s Record;
E. Appellant’s Brief in Jason Claire Reese v. State of Texas, cause
no. 12-14-00363-CR upon completion of the Reporter’s Record;
F. Appellant’s Brief in Donald Ernest Powell v. State of Texas, cause
no. 12-14-00355-CR upon the completion of the Reporter’s Record;
and
G. Appellant’s Brief in Oscar Perkins v. State of Texas, cause no. 12-
15-00001-CR upon the completion of the Reporter’s Record.
11. Counsel has appeared in numerous hearings in state and federal court over the
last thirty days, including hearings in the Tyler and Texarkana Federal District
Courts, and hearings in Smith and Van Zandt Counties.
12. Appellant requests an extension of time due to the above referenced facts and
circumstances.
13. Appellant prays that this Court grant this Motion to Extend Time to File
Appellant’s Brief for a period of thirty (30) days, and for such other and further
relief as the Court may deem appropriate.
Respectfully submitted,
Law Office of James W. Huggler, Jr.
100 E. Ferguson, Suite 805
Tyler, Texas 75702
Tel: (903) 593-2400
Fax: (903) 593-3830
By: /S/ James W. Huggler, Jr.
James W. Huggler, Jr.
State Bar No. 00795437
Attorney for APPELLANT
CERTIFICATE OF SERVICE
This is to certify that on February 9, 2015, a true and correct copy of the above
and foregoing document was served on Michael West, Smith County District Attorney's
Office, 100 North Broadway, Tyler, Texas 75702, by regular mail, fax, hand delivery,
or electronic filing.
/S/ James W. Huggler, Jr.
James W. Huggler, Jr.