AP-77,045
FILED IN
COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 3/19/2015 9:07:27 AM
March 19,2015
Accepted 3/19/2015 10:09:20 AM
ABEL ACOSTA
ABELACOSTA, CLERK NO. AP-77,045 CLERK
IN THE COURT OF CRIMINAL APPEALS
FOR THE STATE OF TEXAS
* * *
HARLEM HAROLD LEWIS III,
Appellant
v.
THE STATE OF TEXAS,
Appellee
* * *
APPELLANT'S SECOND AND FINAL MOTION FOR EXTENSION
OF TIME WITHIN WHICH TO FILE APPELLANT'S BRIEF
*Death Penalty Case*
On Appeal in Cause No. 1428102 from the
351st District Court of Harris County, Texas
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL
APPEALS:
HARLEM HAROLD LEWIS III, Appellant in the above cause,
respectfully requests that the Court grant this Motion for Extension of Time
Within Which to File Appellant's Brief. In support of this motion,
Appellant respectfully shows the Court the following:
This Appeal is based upon Appellant's conviction of Capital Murder
and sentence of death in Harris County in State of Texas v. Harlem Harold
Lewis III in Cause No. 1428102. This is Appellant's second request for an
extension of time.
II.
Appellant's brief is currently due on March 23, 2015. Counsel
respectfully requests an extension of time until Monday, June 8, 2015.
III.
The Reporter's Record was filed with this Court on November 21,
2014. Appellant initially requested an extension of time to submit the brief
until Monday, June 15, 2015. This Court granted an extension of time
requiring that the brief be submitted before March 23, 2015.
IV.
Appellant requests that the Court allow the brief to be filed by June 8,
2015, less than 80 days after the current due date.
V.
Counsel has been preparing for a retrospective competency trial in a
death penalty case remanded by this Court in Cause No. AP-76,580 Albert
James Turner v. State of Texas. As part of that proceeding, Counsel filed a
Petition for Writ of Mandamus and Prohibition with this Court, In re Albert
James Turner Cause No. WR-80,559-02. Most recently, the State filed a
Petition for Writ of Mandamus and Prohibition with this Court, In re Albert
James Turner Cause No. WR-82,875-01, prompting this Court to order
Counsel to submit briefing no later than April 3, 2015.
VI.
Additionally, Counsel is working on U.S. v. James Ham, Cause No.
4:2013cr-00363, a federal Death Penalty case in the Southern District of
Texas set for trial this fall. Counsel also has supplemental briefing due to
the 4th Court of Appeals in Kimberly Saenz v. State of Texas Cause No. 04-
12-00238-CR by April 8, 2015, a non-death capital that this Court
remanded.
VII.
Counsel has reviewed the Clerk's and Reporter's Records, examined
the presently available audio visual exhibits and requested the remaining
ones, identified more than a dozen potential errors, and is continuing to
research each issue to identify the strongest points to present to the Court.
This motion is not made for the purpose of delay, but only so that Appellant
may receive the effective assistance of counsel to which he is entitled by
means of a thorough and professional presentation of his points of error to
this Court.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Honorable Court will grant this requested extension of time to file the
Appellant's Brief in the above cause and extend the time for filing until June
8,2015.
Respectfully submitted,
Isi Robert A. Morrow
ROBERT A. MORROW
State Bar No. 14542600
24 Waterway Ave., Suite 660
The Woodlands, Texas 77380
Telephone: (281) 379-6901
ramorrow 15@gmail.com
Isi Amy Martin
AMY MARTIN
State Bar No. 24041402
202 Travis Street, Suite 300
Houston, Texas 77002
Telephone: (281) 809-0873
amymartinlaw@gmail.com
A TTORNEYS FOR APPELLANT
APPOINTED ON APPEAL ONLY
CERTIFICATE OF SERVICE
As required, and in accordance with, the Texas Rule of Appellate
Procedure, I certify that I have served this document on the following parties
on March 19, 2015:
Harris County District Attorney's Office
Appellate Division
1201 Franklin, Suite 600
Houston, Texas 77002
Ph. 713-755-5826
Fax:713-755-5809
Isi Robert A. Morrow
ROBERT A. MORROW