ACCEPTED
06-15-00099-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
9/10/2015 3:44:58 PM
DEBBIE AUTREY
CLERK
NO. 06-15-00099-CR
IN THE COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXAS September 10, 2015
AT TEXARKANA
JAMES FRIEND Appellant
v.
STATE OF TEXAS Appellee
APPELLANT’S SECOND MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW the Appellant, JAMES FRIEND, by and through counsel of
record, Jason Horton, and for his Motion for Extension of Time to File Brief states as
follows:
I.
Appellant’s Brief is due on September 11, 2015.
II.
Appellant has sought and obtained one prior briefing extension in this case.
III.
Appellant requests additional time to (1) review the record for all possible
points on appeal, and (2) prepare Appellant’s brief. Appellant’s counsel’s trial and
appellate caseload and schedule have prevented said attorney from being able to
James Friend v. State of Texas
6th Court of Appeals No. 06-15-00099-CR
Appellant’s Second Motion for Extension of Time to File Brief
Page 1 of 6
devote the necessary time to complete Appellant’s brief. Said caseload and schedule
includes, but is not limited to, the following since the Court granted Appellant’s first
extension request:
■ Preparation for and attendance at Driver Control hearing in Arkansas
Department of Finance and Administration v. Jared Harper, on August 14, 2015;
■ Preparation for and attendance at bond hearing in State of Texas v. Nicholas
Wood, pending in the 202nd District Court of Bowie County, Texas on August 14,
2015;
■ Preparation for and attendance at evidentiary review conference at the Bowie
County District Attorney’s office relating to State of Texas v. James Vowell, pending
in the 102nd District Court of Bowie County, Texas, on August 14, 2015;
■ Preparation for and attendance at initial appearance in United States v.
Narcizo Hernandez Valdovinos, pending in the United States District for the Eastern
District of Texas-Texarkana Division, on August 17, 2015;
■ Preparation for and attendance at Miller County criminal docket in the
Circuit Court of Miller County, Arkansas, on August 24, 2015;
■ Preparation for and attendance at pre-indictment hearing in State of Texas v.
Lisa Phillips, pending in the 5th District Court of Bowie County, Texas, on August 24,
2015;
James Friend v. State of Texas
6th Court of Appeals No. 06-15-00099-CR
Appellant’s Second Motion for Extension of Time to File Brief
Page 2 of 6
■ Preparation for and attendance at pretrial hearing in State of Texas v. Devon
Martin, pending in the 5th District Court of Bowie County, Texas, on August 24, 2015;
■ Preparation for and attendance at parole revocation hearing in State of Texas
v. Charles Roger Pounds, at the Powledge Unit in Palestine, Texas, from August 24-
25, 2015;
■ Conduct legal research and draft Appellee’s Brief in Alicia Dawn Neumann
v. Lloyd Draughon Smith, pending in the Arkansas Court of Appeals, from August 25
– September 4, 2015;
■ Preparation for and attendance at revocation hearing in State of Texas v.
Nicholas Wood, pending in the 202nd District Court of Bowie County, Texas on
August 31, 2015;
■ Preparation for and attendance at Miller County criminal docket (full day) in
the Circuit Court of Miller County, Arkansas, on September 1, 2015;
■ Preparation for and attendance at bond returnable hearing in State of
Arkansas v. Cheyenne Foster, pending in the Circuit Court of Miller County,
Arkansas, on September 1, 2015;
■ Preparation for and attendance at recall hearing in State of Arkansas v.
Christina Brannan, pending in the Circuit Court of Miller County, Arkansas, on
September 1, 2015;
James Friend v. State of Texas
6th Court of Appeals No. 06-15-00099-CR
Appellant’s Second Motion for Extension of Time to File Brief
Page 3 of 6
■ Preparation for and attendance at Miller County juvenile docket in the
Circuit Court of Miller County, Arkansas, on September 2, 2015;
■ Preparation for and attendance at Lafayette County bond returnable docket in
the Circuit Court of Lafayette County, Arkansas, on September 4, 2015;
■ Preparation for and attendance at presentence interview in El Dorado,
Arkansas, in United States v. Clarisse Carey, pending in the United States District
Court for the Western District of Arkansas, on September 8, 2015;
■ Preparation for and attendance at evidentiary review conference at the Little
River County Deputy Prosecuting Attorney’s office relating to State of Arkansas v.
Jason Southerland, pending in the Circuit Court of Little River County, Arkansas, on
September 9, 2015;
■ Preparation for and attendance at client consult at the Sevier County Jail in
State of Arkansas v. Doyle Whisenhunt, pending in the Circuit Court of Sevier County,
Arkansas, on September 9, 2015;
■ Preparation for and attendance at final settlement conference in Morris v.
Morris, pending in the Circuit Court of Sevier County, Arkansas, on September 9,
2015; and
■ Preparation for and attendance at arraignment in State of Texas v. Larry
Foster, pending in the 102nd District Court of Bowie County, Texas, on September 10,
2015.
James Friend v. State of Texas
6th Court of Appeals No. 06-15-00099-CR
Appellant’s Second Motion for Extension of Time to File Brief
Page 4 of 6
IV.
This motion is made in good faith and not for purposes of delay.
VI.
Without additional time, Appellant will be denied effective assistance of
counsel on appeal, to which he is entitled.
WHEREFORE, Appellant requests that the deadline for the filing of his Brief
be extended thirty (30) days, and for any such other relief to which he may be entitled.
Respectfully submitted,
JASON HORTON LAW FIRM
114 West Broad Street
Texarkana, Texas 75501
Mail to:
P.O. Box 1596
Texarkana, Texas 75504
T- (903) 792-2000
F- (903) 792-2100
BY: /s/ Jason Horton
Jason Horton
jason@jasonhortonlaw.com
Texas Bar Number 24041130
ATTORNEY FOR APPELLANT
James Friend v. State of Texas
6th Court of Appeals No. 06-15-00099-CR
Appellant’s Second Motion for Extension of Time to File Brief
Page 5 of 6
CERTIFICATE OF SERVICE
On this 10th day of September, 2015, I hereby certify that a true and correct
copy of the foregoing instrument will be served on the Bowie County District
Attorney’s Office, according to the Texas Rules of Appellate Procedure and the rules
of this Court.
/s/ Jason Horton
Jason Horton
James Friend v. State of Texas
6th Court of Appeals No. 06-15-00099-CR
Appellant’s Second Motion for Extension of Time to File Brief
Page 6 of 6