ACCEPTED
03-14-00734-CR
7405044
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/16/2015 9:54:05 AM
JEFFREY D. KYLE
CLERK
N O . 03-14-00734-CR
BRUCE WAYNE HARKEY, § I N T H E COURT OF APPEALS
FILED IN
Appellant 3rd COURT OF APPEALS
AUSTIN, TEXAS
10/16/2015 9:54:05 AM
VS. § T H I R D DISTRICTJEFFREY D. KYLE
Clerk
THE STATE OF TEXAS,
Appellee § A U S T I N , TEXAS
THIRD/FINAL MOTION FOR E X T E N S I O N OF TIME
T O F I L E APPELLEE'S BRIEF
This motion is presented by the State o f Texas, by and through the
undersigned Assistant District Attorney, and in support would show:
1.
The brief for the State of Texas, Appellee, is due on October 16, 2015.
II.
The undersigned is solely responsible for all appellate and post-conviction
matters in felony cases on behalf of the State of Texas for the 33'"'^ and the 424^^
Judicial Districts which covers Burnet County, Llano County, Blanco County, and
San Saba County, although Assistant District Attorney Robert Ewing has
volunteered to handle some of the appeals of the cases in which he was the trial
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attorney. The undersigned is also solely responsible for all asset seizure and
forfeiture matters within these four counties, including investigating and preparing
Notice of Seizure and Affidavit, preparing and responding to discovery, summary
judgment procedures, and trial proceedings. Additionally the undersigned is
responsible for providing assistance and backup to the trial attorneys during trial
preparation, including video and audio conversion and redaction, and during non-
trial settings before the bench when needed. The undersigned assists the office staff
on a daily basis when unusual problems arise and meet with the general public on
a drop-in basis. The undersigned is further solely responsible for responding to
Public Information Act Requests, as well as preparing the required paperwork
triggered by demands for trials made under the Interstate Agreement on Detainers
Act (lADA) and therein coordinate with the involved prison authorities and law
enforcement and court personnel. The undersigned also routinely assists law
enforcement agencies with various legal issues.
III.
In this case Appellant raises four issues which are complex and require not
only substantial research but also meticulous attention to corroborating details
within a lengthy record. While the brief being prepared by the undersigned is 100%
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complete and consists of 10,944 words, because this case is of a highly publicized
capital murder and District Attorney Sonny McAfee was the lead counsel at trial of
this case, the brief has been submitted to Mr. McAfee for final review and approval.
The undersigned will need an additional 30 days for Mr. McAfee to complete his
review and for the undersigned to make any recommended revisions prior to filing
the Appellee's Brief in this case. The undersigned fully expects to be able file this
brief before the requested deadline, however, the undersigned also wishes to be
prepared for unexpected and unavoidable delays and interruptions. This is the third
motion for extension of time that the State of Texas has sought in this case and will
be the final motion submitted by the undersigned herein.
PRAYER
The State of Texas, in consideration of the facts and circumstances set forth
herein above, prays the Court grant this motion and extend the due date for the
Appellee's Brief to November 16, 2015.
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Respectfully submitted,
OFFICE OF DISTRICT ATTORNEY
33^^ and 424^^ JUDICIAL DISTRICTS
Wiley B. McAfee, District Attorney
R O. Box 725
Llano, Texas 78643
Telephone Telecopier
(325) 247-5755 (325) 247-5274
g.bunyard@co.llano.tx.us
By:
Assistant District Attorney
State Bar No. 03353500
ATTORNEY FOR APPELLEE
C E R T I F I C A T E OF WORD C O U N T
This is to certify that the pertinent portion of the foregoing document
contains 465 words according to the WordPerfect X7™ word count tool.
dSaryW. Burfyarrf^
Assistant District Attorney
C E R T I F I C A T E OF SERVICE
This is to certify that a true copy of the above and foregoing instrument,
together with this proof of service hereof, has been forwarded on the 16th day of
October 2015, to M r . Richard D. Davis, Attorney for Appellant, by email at
rdd@austin.twcbc.com and by EServe.
Assistant District Attorney
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Bruce Wayne Harkey v. State
Combined Opinion