PD-0445-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 7/27/2015 12:23:12 PM
July 27, 2015
Accepted 7/27/2015 12:40:36 PM
No. PD-0445-15
ABEL ACOSTA
CLERK
______________________________
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
______________________________
THE STATE OF TEXAS,
Appellant,
v.
DAVID FREDERICK CARY,
Appellee.
______________________________
On Appeal from the Court of Appeals, Fifth District of Texas at Dallas
Court of Appeals No. 05-13-01010-CR
______________________________
STATE’S UNOPPOSED MOTION FOR AN EXTENSION OF TIME
TO FILE THE STATE’S BRIEF
______________________________
KEN PAXTON *JOSEPH P. CORCORAN
Attorney General of Texas Assistant Attorney General
Supervising Attorney
CHARLES E. ROY for Non-Capital Appeals
First Assistant Attorney General Criminal Appeals Division
State Bar No. 00793549
EDWARD L. MARSHALL Joseph.Corcoran@TexasAttorneyGeneral.gov
Chief, Criminal Appeals Division
P. O. Box 12548, Capitol Station
ADRIENNE McFARLAND Austin, Texas 78711
Deputy Attorney General Telephone: (512) 936-1400
for Criminal Justice Facsimile: (512) 936-1280
*Lead Appellate Counsel
_____________________________
ATTORNEYS FOR THE STATE
TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL
APPEALS:
COMES NOW, the State of Texas and files this, the State’s Motion
for an Extension of Time to File the State’s Brief, and respectfully shows
the following:
I.
The State’s opening brief in this appeal is presently due Friday,
July 31, 2015.
II.
The State hereby requests an extension of 14 days to file its brief,
extending the new deadline to Friday, August 14, 2015. This is the
State’s first extension request.
III.
As justification for this request, in the last three weeks the
undersigned attorney (as the non-capital appellate supervisor for the
Criminal Appeals Division of the Texas Attorney General), was required
to perform an in-depth review of several non-extendible appellate briefs,
including: a brief in opposition to certiorari in Hunt v. Texas, No.
14-8575, filed in the Supreme Court of the United States on July 23,
2015; a brief in Vollmer v. Stephens, No. 14-10301, filed in the United
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States Court of Appeals for the Fifth Circuit on July 14, 2015; and a brief
in Romero v. Stephens, No. 14-40570, filed in the United States Court of
Appeals for the Fifth Circuit on July 11, 2015. Moreover, the
undersigned attorney will be traveling out-of-state on a pre-paid
vacation from August 5, until August 9, 2015. This request is not
designed to harass Appellee, nor to unnecessarily delay these
proceedings, but to ensure that the State’s legal arguments are properly
presented.
The undersigned conferred with Appellant’s counsel of record on
July 24, 2015, who is unopposed to this motion.
WHEREFORE, PREMISES CONSIDERED, the State of Texas
respectfully requests an extension of time to file its brief up to and
including Friday, August 14, 2015.
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Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
ADRIENNE McFARLAND
Deputy Attorney General
for Criminal Justice
EDWARD L. MARSHALL
Chief, Criminal Appeals Division
/s/ Joseph P. Corcoran
*Lead Counsel JOSEPH P. CORCORAN*
Assistant Attorney General
Supervising Attorney
for Non-Capital Appeals
Criminal Appeals Division
State Bar No. 00793549
Joseph.Corcoran@TexasAttorneyGeneral.gov
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 936-1400
Facsimile: (512) 936-1280
ATTORNEYS FOR THE STATE
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CERTIFICATE OF CONFERENCE
I hereby certify that I conferred with Mr. John Helms prior to the
filing of this motion, and he indicated that he did not oppose the
extension.
/s/ Joseph P. Corcoran
JOSEPH P. CORCORAN
Assistant Attorney General
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CERTIFICATE OF SERVICE
Pursuant to Rule 9.5(b)(1) of the Texas Rules of Appellate
Procedure, I do hereby certify that if the email address of attorneys
designated below is on file with the electronic filing manager, a true and
correct copy of the foregoing notice was served electronically by that
electronic filing manager, on the following attorneys via electronic mail:
John Michael Helms Jr.
Attorney for Appellant
Moreover, I do hereby certify that if the email addresses for the
designated attorneys are not on file with the electronic filing manager, a
true and correct copy of the foregoing pleading was served by email,
addressed to:
John Michael Helms Jr.
john@johnhelmslaw.com
/s/ Joseph P. Corcoran
JOSEPH P. CORCORAN
Assistant Attorney General
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