ACCEPTED
12-14-00287-cr
TWELFTH COURT OF APPEALS
TYLER, TEXAS
4/6/2015 4:35:28 PM
CATHY LUSK
CLERK
IN THE
TWELFTH COURT OF APPEALS
FILED IN
12th COURT OF APPEALS
CAUSE NO. 12-14-00287-CR TYLER, TEXAS
4/6/2015 4:35:28 PM
CATHY S. LUSK
BRANDEE MICHELLE NICHOLS § Clerk THE
ON APPEAL FROM
Appellant
VS. § 114TH DISTRICT COURT
THE STATE OF TEXAS,
Appellee § SMITH COUNTY, TEXAS
THIRD MOTION FOR EXTENSION OF TIME TO FILE THE APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS AND THE JUSTICES THEREOF:
COMES NOW APPELLANT, BRANDEE MICHELLE NICHOL, the
Appellant, and moves the Court for an Third Extension of Time to File the Appellant’s Brief in
this cause and in support thereof would show the Court as follows:
I.
The Reporter’s Record was filed on December 3, 2014. According to the correspondence
the Appellant’s Brief is due to be filed on Monday, April 6, 2015.
II.
Appellant, respectfully request that pursuant to T.R.A.P. 10.5(d) 38.6 (d)
that the Court grant an Extension of Time to file Appellant’s Brief until the 7th day of April,
2015, and in support thereof would respectfully show the Court that during the previous thirty
(30) days Counsel has been involved in the following:
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1. Appellant’s Counsel has also been involved in capital murder pre-trials in the case
styled the State of Texas v. Calvert. This case has been especially time intensive due to the
nature of the case, ie a pro se Defendant in a death penalty case inn Smith County, Texas . The
Trial Court has ordered standby counsel to prepare a collateral defense in the event the defendant
decides he wants representation. This case is set to commence jury selection on April 23, 2015.
Counsel has also been meeting with the Defendant and the DA in Wood County in conjunction
with the State v. McDaniel a capital murder prosecution. On Wednesday, April 1, 2015, there
was a mulit- defendant federal drug bust and Counsel spent most of Wednesday in Federal Court
and meeting with his client in the Gregg County Jail on Thursday. Counsel has been researching
issues and preparing his brief, the brief is 90% complete and Trial Counsel request an additional
day to finish the brief, shepardize cases etc.
2. Undersigned Counsel has been involved with other numerous federal cases and state
misdemeanor and felony cases in the preceding 30 day period.
3. Undersigned Counsel respectfully requests this Honorable Court to extend the time for
filing the Appellant’s Brief until the 7th day of April, 2015, in order to afford the undersigned
Counsel the necessary time to finish the Appellant’s Brief.
WHEREFORE PREMISES CONSIDERED, the undersigned Counsel, respectfully prays
that his Honorable Court extend the time for filing Appellant’s Brief in this cause until the 7th
day of April, 2015.
Respectfully submitted,
JEFF L. HAAS
Attorney at Law
908 First City Place
Tyler, Texas 75702
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(903) 593-8338
/s/ Jeff Haas
JEFF L. HAAS
STATE BAR NO. 08659600
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing Motion for
Extension of Time to File Appellant’s Brief has been delivered to the District Attorney's Office of
Smith County, Texas, on this the 6th day of April, 2015.
/s/ Jeff Haas
JEFF L. HAAS
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