ACCEPTED
01-15-00393-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/21/2015 3:30:36 PM
CHRISTOPHER PRINE
CLERK
No: 01−15−00393−CR
In the FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
Court of Appeals 9/21/2015 3:30:36 PM
CHRISTOPHER A. PRINE
Clerk
FIRST DISTRICT OF TEXAS
Houston, Texas
__________________________________________________________________
CHRISTOPHER ERNEST BRAUGHTON
Appellant,
v.
THE STATE OF TEXAS
Appellee.
__________________________________________________________________
Appealed from the 228th Judicial District Court of
Harris County, Texas, the Honorable Marc Carter, Presiding
__________________________________________________________________
MOTION TO EXTEND TIME TO FILE BRIEF BY TEN DAYS
__________________________________________________________________
Niles Illich
SBOT: 24069969
Law Office of Niles Illich, Ph.D., J.D.
701 Commerce Street
Suite 400
Dallas, Texas 75202
Telephone: (972) 802 − 1788
Facsimile: (972) 682 – 7586
Email: Niles@appealstx.com
ATTORNEY FOR APPELLANT
CHRISTOPHER ERNEST BRAUGHTON
To the Honorable Justices of the First Court of Appeals:
Appellant, Christopher Ernest Braughton files this, his Motion to Extend Time
to File Brief by Ten Days.
Christopher Braughton asks this Court to grant his attorney ten additional days
to file Appellant’s brief, making it due on Sunday, October 4, 2015.
Motion to Extend Time to File Brief
Braughton requests that his attorney receive an additional ten days in which
to file his brief, making it due on Sunday, October 4, 2015.
Introduction
1. Appellant is Christopher Braughton and the Appellee is the State of Texas.
This appeal concerns an appeal of a conviction for murder.
2. Appellant was tried in 228th Judicial District Court of Harris County, Texas.
Argument and Authorities
3. There is no specified deadline to file a motion to extend time to file an
appellant’s brief. 1
4. Appellant’s brief is due on Thursday, September 24, 2015.
5. Braughton, under his previous attorney, received one previous extension of
time.
1
TEX. R. APP. P. 38.6(d).
2
6. Counsel asks for this extension of time because he is completing a brief in
cause number 09−15−00159−CR which is due on September 23, 2015. This brief
concerns a combat veteran who was injured in Afghanistan but who has been
convicted of several criminal offenses since being discharged from the Army. This
brief included a lengthy motion for new trial and argues that the trial counsel was
constitutionally ineffective. Additionally, counsel filed two briefs on September 15,
2015 (cause numbers 05-15-00886-CV and 05-14-01606-CR) and on that same day
participated in an oral argument as the Appellee/Cross-Appellant in a seven-issue
brief in cause number 05-14-00810-CV.
7. Braughton’s brief is nearly complete and contains three issues. Counsel asks
for ten additional days so that the issues may be refined and so that the cases and
record citations can be verified. No additional requests for time will be made.
Prayer and Conclusion
8. Braughton requests that this Court grant his counsel an additional ten days in
which to file his brief. This extension will make the brief due on Sunday, October
4, 2015. There is no reason to believe that further extensions will be requested.
3
Respectfully Submitted,
/s/ Niles Illich
Niles Illich
The Law Office of Niles Illich, Ph.D., J.D.
701 Commerce Street
Suite 400
Dallas, Texas 75202-4518
Direct: (972) 802-1788
Fax: (972) 236-0088
Email: Niles@appealstx.com
CERTIFICATE OF CONFERENCE
On September 21, 2015 Niles Illich spoke with Eric Kugler of the Appellate
Division of the Harris County District Attorney’s Office concerning this Motion.
Mr. Kugler stated that he is unopposed to this Motion.
/s/ Niles Illich
Niles Illich
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CERTIFICATE OF SERVICE
This is to certify that, on September 21, 2015, a true and correct copy of this
Motion to Substitute Counsel has been served on:
VIA ELECTRONIC SERVICE
Harris County District Attorney’s Office
Alan Curry
1201 Franklin Street
Suite 600
Houston, Texas 77002-1923
Electronic Mail: Alan.Curry@dao.hctx.net
VIA FIRST CLASS POST
Christopher Ernest Braughton
Texas Department of Criminal Justice
Holliday Unit
295 I.H. 45 North
Huntsville, TX 77320-8443
TDCJ No.: 01982320
/s/ Niles Illich
Niles Illich
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