PD-1341-14
FILED IN COURT OF CRIMINAL APPEALS
COURT OF CRIMINALAPPEALS AUSTIN, TEXAS
Transmitted 7/2/2015 1:44:15 PM
July 2, 2015 Accepted 7/2/2015 2:03:45 PM
ABEL ACOSTA
ABEL ACOSTA, CLERK
No. PD-1341-14 CLERK
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
STACY STINE CARY,
Appellant,
v.
THE STATE OF TEXAS,
Appellee.
On Appeal from the Court of Appeals, Fifth District of Texas at Dallas
Court of Appeals No. 05-12-01421-CR
STATE'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME OF
THREE DAYS 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
Unopposed Motion for an Extension of Time of Three Days to File the
State's Brief, and respectfully shows the following:
I.
Appellant, Stacy Stine Cary, filed her opening brief in this appeal
on May 19, 2015. The State previously made an unopposed request for an
extension of twenty-nine days to file its brief, but the Court granted an
extension of fifteen (15) days; hence, the State's brief in response is
presently due to be filed on Friday, July 3, 2015.
II.
The State humbly seeks a three-day extension to file its brief,
extending the new deadline to Monday, July 6, 2015. This is the State's
second, and final extension request. The State will not seek a further
extension oftime to file its briefifthis three (3) day request is granted.
III.
As justification for this request, in the last two weeks:
1. The undersigned drafted and filed a lengthy brief in this
Court, in a complex TDCJ-time-calculation appeal, in Ex
parte Smiley, Nos. WR-31,454-03 & WR-31,454-04, filed on
Monday, June 29, 2015;
2. In the last six days the undersigned (as the non-capital
appellate supervisor for the Criminal Appeals Division of
the Texas Attorney General), performed extensive review
and revision of an appellate brief, originally due to be filed
on July 1, 2015, in the United States Court of Appeals for
the Fifth Circuit, in Vollmer v. William Stephens, Director,
Texas Department of Criminal Justice, Correctional
Institutions Division, No. 14-10301. As a result of that
review process, and because of the due date for the State's
brief in this proceeding, the undersigned sought and
obtained an emergent extension in the Fifth Circuit; and
3. Finally, and as additional justification, on June 23, 2015,
the executive staff of the Office of Attorney General
designated the date on which the State's brief is presently
due in this appeal-July 3, 2015-as a holiday. As a result,
while the undersigned will be working on July 3 to complete
the State's brief, the undersigned will be unable to submit
the brief for mandatory internal pre-filing review.
IV.
This request is not designed to harass Appellant, nor to
unnecessarily delay these proceedings, but to ensure that Appellant's
legal arguments are properly addressed. The undersigned conferred with
Appellant's counsel of record on June 29, 2015, who is unopposed to this
motion.
WHEREFORE, PREMISES CONSIDERED, the State of Texas
respectfully requests a three (3) day extension of time to file its brief up
to and including Monday, July 6, 2015.
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
Isi 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
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.
Isi Joseph P. Corcoran
JOSEPH P. CORCORAN
Assistant Attorney General
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.
iohn@iohnhelmslaw.com
Is/ Joseph P. Corcoran
JOSEPH P. CORCORAN
Assistant Attorney General