AP-77,051
FILED,N COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
Transmitted 10/16/2015 3:39:08 PM
October 16, 2015 Accepted 10/16/2015 3:46:42 PM
W\J, Ar-//,rai. ABELACOSTA
ABELACOSTA, CLERK CLERK
In the Coijrt of Criminal Appeals &¥ Texas aj f^uA
at Austin, Texas \ pc
( O^b'^T
WARREN D. RIVERS,,
Appellant,
Vs.
THE STATE OF TEXAS,
Appellee,
On Appeal from:
228™ Judicial District Court of Haifis County, Texas,
trial Court Cause INo. 475122
APPELLANT'S MOTION FORJBXTENSION IN TIME
TO FILE APPELLANT'S BREEF
To the Honorable Justices of the
Court of Criminal Appeals of Texas:
Appellant, Warren £>. Rivers, by and through counsel ofrecord, Patrick F,
McCann, respeetfully moves this Honorable Court to GRAMT Appellant's Motion
for Extension in time, and allow Appellant ninety (90) additional days, up to and
includingWednesday, January 13, 2016, in which, to. file Appellant's Brief in this
matter. In support of sueli motion, Appellant would sfeow th&Court the following:
(1) The current deadfine for filing Appellant's brief is Friday. Oejober 16,
2015.
(2) Appellant's counsel seeks an additional ninety ©0) days, up to and
including Wednesday, January 13, 2016,Jn which to prepare Appellant's brief in
this matter.
p) This is a retrial !qft- a jcap.it.al ,ease: where a. -sentence of :|.eatfa was:
imposed. The record and exliibits are voiumous. Further, the issues in Appellant's
appeal are complex. Given thesize of the re'cord, as well as the number and the
complexity ofthe issues tliat reaffre priefingi additional time is necessary for a full
and fair defense of Mr. Rivers,
(4) Further, the undersigned attorney, who is a solo practioner, has been
engaged in the following:
(A) In Norrk v. Stephens, No. 16-7001 Q» a complex federal habeas
tmpeal/crms~ajjpeat involving a-grant offeiief"withxespett td-.a
death "sentence,' Counsel has prepared numerous briefs^ .reply
briefs* applicationstor e^ficate-ofappealability, <$nd replies to
the State?s opposition to; issuance: of the certificate which which
is due on October 13, 2015 and which has involved a
considerable amount of original research.
(B) In Johnson v, Stephens, No. 1;5-:6401} a death.penalty case,
counsel prepared and filed a petition for writ of certiorari that
was docketed in -the United States Supreme Court on October 5,
2015."""" ' "
(C) Counsel sponsors to this Court that he is the lead attorney in six
death penalty eases that are in various stages of the state and
federal habeas' and appellate process that require counsels
attention.
{B) In USA v. Kiheri, No. H-14-CR-204, counsel is preparing for a
multirdefehdant federal fraud trial involving a multi
national organized crime group; The ease has required a
considerable amount of investigation, conferences with counsel
for the co-defendant^ and trial preparation.
(E) In State v. Hieden, counsel las been engaged in invesTigatipn
and pretrial preparation in a capital ease- arising out of
Montgomery County in which the State isexpected to announce
its intention to seek the death penalty.
(F) Counsel prepared and filed a brief in Villaserior v. State* No.
14-15-255-dR which was due on October 9, 2015.
(G) Counsel is preparing for an aggravated assault trial set-to begin
inFortBend County in niid-November.
(H) Counsel will be out of the Office on ©CtoBer 15, 2015 to
conduct interviews with: incarcerated clients in the state prison
system.
(5) Appellant's counsel has souglit and received two prior extensions in
time in whichto file Appellant's briefIn tLlis matter;
(6) Tliis extension is norsought Jarpurposes of undue delay or to harass
and vex, but to protect Appellants rights iri this mattei- ami to ensure he has his day
in court. Coleman v. Alahama.m ITS. 129? f33. (1964) (defendant "entitled to
have his day in court").
CONCLUSION AND PRAYER
Wftetiefore, PREMISES CONSIDERED, Appellant prays that this Honorable
Court will, in all things, GRANT this Extension in Time to File Appellant's Brief,
allowing Appellant ninety (90) additional days, up to and including Wednesday,
January 13, 2016, in which to file his brief to mis matter, and thattheCourt further
GRANT any additional, reliefto which the:.:Appeilant, may'bejustly entitled.
DATED this 14th day of October, 2015.
Respectfully Submitted,
M Patrick jF.MeCatm
State Bar No. 00793jS80
Law Ofece of Patrick F, MpCann
Suite 205. Rice Hotel
909 Texas Avenue
Houston, Texas 77002
{713),223-380S;
Counsel, of Record, .for the.Appellant
CERTIFICATE OF SERVICE
The undersigned hereby certifies mat a taiearid correct copy of the foregihg
APPELLANT'S MOTION FOJt EXTENTION IN TIME TO FILE
APPELLANT'S BRIEF has been duly served upon counsel representing the
Stateof Texas in this matter by either Hand Delivery, Prepaid United States Mail
E-mail, or 'Through; this Court's Electronic filing System on diis 14' day of
October, 2015, addressed as follows:
Allen Curry, Esq.
Assistant District Attorney
Harris County, Texas
1201 Franklin, Sixth Floor
Houston, Texas 77002
E-mail:
State Prosecuting Attorney
P. 6. Box *****V:CapiM Station
Austin, Texas' 78711'
/s/ Patrick :E McCatm
Counsel for the: Appellant
Rivers, Warren D.
Combined Opinion