ap-77,031
FILED IN COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
Transmitted 6/15/2015 11:42:10 AM
June 15, 2015 Accepted 6/15/2015 1:31:33 PM
ABEL ACOSTA
NO. AP-77,031 CLERK
ABELACOSTA, CLERK
IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
A
FRANKLIN DAVIS,
Appellant •<<«
V.
THE STATE OF TEXAS,
Appellee
STATE'S SECOND MOTION TO EXTEND THE TIME TO FILE BRIEF
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
THE STATE OF TEXAS, by and through the Criminal District Attorney of
Dallas County, respectfully requests that the time for filing its brief in this cause be
extended. In support of this motion, the State would show the following:
Appellant is confined pursuant to the judgment and sentence of the Criminal
District Court Number 7 of Dallas County, convicting him of the capital murder of
Shania Gray. On November 16, 2013, the jury answered the special issues so as to
support the imposition of a death sentence, and the trial court sentenced him to
death. Appeal to this Court is automatic. After requesting two extensions,
Appellant filed his brief on February 27, 2015. The State's brief was originally
due on March 30, 2015. The State requested one previous extension. The Court
granted that request, in part, extending the deadline 90 days, until June 29, 2015.
II.
The State respectfully requests that the Court extend the deadline for the
filing of the State's brief for 30 days, until July 29, 2015.
III.
The State would show the Court that a reasonable explanation exists for the
requested 30-day extension. The undersigned counsel manages an extensive non
capital and capital docket. Since the filing of the prior extension motion, counsel
has completed the following:
- Read the record, researched issues, and drafted the State's brief in Albert
Ayala, Jr. v. The State of Texas, a direct appeal in the Fifth District Court of
Appeals;
- Read the record, researched issues, and drafted the State's Brief in Allen
Maurice Little v. The State of Texas, a direct appeal in the Fifth District
Court of Appeals;
- Read the record, researched issues, and interviewed witnesses in preparation
for the evidentiary hearing in Ex parte Roderick Harris, a capital writ
proceeding, which was originally set for the week of May 18, 2015, but was
stayed on April 30, 2015;
Drafted and filed the State's response to 34 non-capital applications for writ
of habeas corpus;
Drafted and filed the State's Supplemental Response in the following non
capital writs:
• Ex parte Juan Francisco Turcios
• Ex parte Bobby Drew Autry
• Ex parte Christopher Arnone
• Ex parte Gerardo Reyna
Reviewed the trial file, researched the issues and appeared for an evidentiary
hearing in Exparte Reyna, which was held on April 24, 2015;
Reviewed the trial file, and researched the issues in preparation for an
evidentiary hearing in Ex parte Jose Marentes;
Reviewed the trial file, and researched the issues in preparation for an
evidentiary hearing currently set for June 19, 2015 in Exparte Jose Bonilla;
Reviewed the trial file, and researched the issues in preparation for an
evidentiary hearing currently set for June 26, 2016 in Exparte Keliam Rudd;
Processed four trial files for review by writ counsel pursuant to the Dallas
County District Attorney's post-conviction open-file policy.
Over the next few weeks, the undersigned will be required to continue to
manage her non-capital habeas corpus writ docket in three assigned courts in
addition to completing her work in the instant brief. The undersigned must also
draft and file the State's Supplemental Response in the following non-capital writs:
- Ex parte Keliam Rudd,
- Ex parte Cedric Butler,
- Ex parte Eric Warren,
- Ex parte Sanchez Henry.
IV.
Appellant has filed a 148-page brief presenting 48 issues for review. The
reporter's record consists of 78 volumes, and appellant's issues cover all phases of
the trial, from pre-trial through the punishment phase.
As of today, the undersigned has completed reading the reporter's record
and is diligently working to research and brief all 48 issues. This is counsel's first
capital direct appeal and, as such, ample time is needed for drafting and editing as
well as revision at her supervisor's discretion.
V.
The undersigned has conferred with the Appellant's counsel, John Tatum,
and he has no objection to the State's motion.
VI.
For all of the foregoing reasons, counsel respectfully that the Court extend
the deadline for filing the State's brief until July 29, 2015 (30 days).
WHEREFORE, PREMISES CONSIDERED, the State respectfully requests
that the Court extend the deadline for filing the State's brief until July 29, 2015
(30 days).
Respectfully submitted,
Isl Rebecca D. Ott
Susan Hawk Rebecca D. Ott
Criminal District Attorney Assistant District Attorney
Dallas County, Texas State Bar No. 24074842
Frank Crowley Courts Building
133 N. Riverfront Blvd., LB-19
Dallas, Texas 75207-4399
(214)653-3625 (phone)
(214)653-3643 (fax)
Rebecca.Ott@dallascounty.org
CERTIFICATE OF SERVICE
I certify that a true copy of this motion was served on appellant's counsel,
John Tatum, 990 S. Sherman Street, Richardson, Texas, 75081,
jtatumlaw@gmail.com, via eFile on June 15, 2015.
Isl Rebecca D. Ott
Rebecca D. Ott
Davis, Franklin
Combined Opinion