AP-77,051
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 8/4/2015 12:53:36 PM
Accepted 8/4/2015 1:18:32 PM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
CLERK
AT AUSTIN, TEXAS
FILED IN
NO. AP-77,051 COURT OF CRIMINALAPPEALS
August 4, 2015
ABEL ACOSTA, CLERK
On Appeal from the 228th Judicial District Court of
Harris County, Texas • ( Ps A n
in Cause Number 0475122 '*fV ^^P
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WARREN D. RIVERS, Appellant
v.
THE STATE OF TEXAS, Appellee
UNOPPOSED
APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:
COMES NOW, Warren D. Rivers, Appellant herein, by and through his
attorney of record, Patrick McCann, and files this, his Second Motion for Extension of
Time. In support of said motion, Appellant would show the Court the following:
1. Counsel has just filed a death Certificate of Appealability in the Fifth Circuit on
August 3rd in Norn's v. Stephens. The appellee's brief in that same case is due on
September 2nd.
2. Counsel's continuance of a federal medicare fraud case in United States v.
Tsolak Gregoryan was denied upon government objection, and the federal
district court judge reinstated the August 19th trial date so we are now headed
to jury trial in this matter beginning August 19th. Counsel must prepare to
represent his client in this very complex fraud case.
3. Counsel is also preparing for a non-death capital trial in State of Texas v. Rene
Lopez m. the 180th district court.
4. Counsel had originally requested a longer extension of time in his first
application and now requests 90 days as per his original request.
1
5. This is a retrial on punishment for death and the record is extensive. Given the
size of the record and the complexity of the issues for briefing, the additional
time is necessary for a full and fair defense of Mr. Rivers.
6. This extension is sought in the interest of justice and not for delay.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests that
this Court grant his Second Motion for Extension of Time.
Respectfully submitted,
The Law Offices of Patrick McCann
By: /s/Patrick F. McCann
Patrick F. McCann
SBN: 00792680
909 Texas Avenue, Suite 205
Houston, Texas 77002
Phone: (713)223-3805
eFax: (281) 667-3352
CERTIFICATE OF SERVICE
This is to certify that on August 4th, 2015, a true and correct copy of the above and
foregoing document was served on:
Mr. Alan Curry
Chief Prosecutor, Appellate Division
Harris County District Attorney's Office
1201 Franklin Street, Ste. 600
Houston, TX 77002-1923
Via e-Filing Pro-Doc Courtesy CopyService: Curry Alan(S)dao.hctx.net
By: /s/Patrick F. McCann
Patrick F. McCann