ACCEPTED
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12-16-00325-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
7/28/2017 4:09 PM
Pam Estes
CLERK
CAUSE NUMBER 12-16-00325-CR
EARL DAVIS WILLIAMS JR IN THE
FILED IN
12th COURT OF APPEALS
VS. TWELFTH JUDICIALTYLER, TEXAS
DISTRICT
7/28/2017 4:09:44 PM
THE STATE OF TEXAS COURT OF APPEALSPAM ESTES
Clerk
APPELLANT'S MOTION
FOR LEAVE TO FILE LATE BRIEF
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW Appellant Earl Davis Williams Jr., by and through Colin D. McFall,
Attorney of Record in the above numbered and styled cause, and for good cause moves the
instant Court grant Appellant's Motion for Leave to File Late Brief. In support of said motion,
Appellant would respectfully show this Honorable Court the following:
I.
Pursuant to Rule 10.5(b) (1) (A), Texas Rules of Appellate Procedure, Appellant's Brief
was due on or before the 17th day of July 2017.
II.
Pursuant to Rule 10.5(b) (1) (B), Texas Rules of Appellate Procedure, Appellant
respectfully request a fourteen (14) day extension of time to file Appellant's Brief If granted,
Appellant's Brief would be due on the 28th day of July 2017.
III.
Pursuant to Rule 10.5(b) (1) (C), Texas Rules of Appellate Procedure, Counsel relies on
the following facts to reasonably explain the need for the requested extension:
Counsel is engaged in the multijurisdictional private practice of law. Counsel engages in
the practice of family law, juvenile law, criminal defense and quasi criminal proceedings.
Counsel submits his work load is high. Counsel needs the requested extension of time to
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effectively represent Appellant. Appellant is entitled to the effective representation of Counsel.
IV.
Pursuant to Rule 10.5(b) (1) (D), Texas Rules of Appellate Procedure, this is Appellant's
first Motion for Leave to File Late Brief.
V.
Pursuant to Rule 10.1(5), Texas Rules of Appellate Procedure, Counsel was not able to
consult with opposing counsel, to confirm the instant motion is unopposed.
VI.
WHEREFORE, PREMISES CONSIDERED, Appellant Earl Davis Williams Jr. prays the
Court grant Appellant's Motion for Leave to File Late Brief, and grant Counsel an additional
fourteen (14) days to file Appellant's Brief.
RESPECTFULLY SUBMITTED,
606 East Crawford Street
/s/ Colin D. McFall Palestine, Texas 75801-2963
COLIN D. MCFALL Telephone: 903-723-1923
Attorney at Law Facsimile: 903-723-0269
Texas Bar Number: 24027498 Email: cmcfall@mcfall-law-offi ce.com
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CERTIFICATE OF SERVICE
- 00
I, Colin D. McFall, Attorney of Record for the above styled Appellant, hereby certify
service of a true and correct copy of the above and foregoing document upon Houston County
District Attorney, Donna Gordon Kaspar, at dgordon@co.houston.tx.us, by email transmission,
on the 28th day of July 2017.
RESPECTFULLY SUBMITTED,
606 East Crawford Street
/s/ Colin D. McFall Palestine, Texas 75801-2963
COLIN D. MCFALL Telephone: 903-723-1923
Attorney at Law Facsimile: 903-723-0269
Texas Bar Number: 24027498 Email: cmcfall i@mcfal l-law-o flice.com
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CAUSE NUMBER 12-16-00325-CR
EARL DAVIS WILLIAMS JR IN THE
VS. TWELFTH JUDICIAL DISTRICT
THE STATE OF TEXAS COURT OF APPEALS
AFFIDAVIT
BEFORE ME, the undersigned notary, on this day, personally appeared Colin D. McFall,
a person whose identity is known to me. After I administered an oath to Colin D. McFall, upon
his oath, he said:
"My name is Colin D. McFall. I am over eighteen years of age, of sound mind and
capable of making this Affidavit. I am the Attorney of Record for Earl Davis Williams Jr., in the
above numbered and styled cause. I have read the Appellant's Motion for Leave to File Late
Brief and swear the facts relied on are within my personal knowledge.
SWORN to and SUBSCRIBED before me by Colin D. McFall on the 28th day of July
2017.
:g ''''' DAWN M. MCFALL
z*.ns Notary Public, State of Texas
V;..--\14..c,S My Commission Expires
''''' October 01, 2017
06,0A0Yu )714 WI
Notary Public in and for the State of Texas
My commission expires: 10 0 I -- 7