ACCEPTED
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12-17-00200-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
11/29/2017 9:32 AM
Pam Estes
CLERK
CAUSE NUMBER 12-17-00200-CR
WALTER LEWIS GRIFFIS § IN THE
FILED IN
§ 12th COURT OF APPEALS
VS. § TYLER,
TWELFTH JUDICIAL TEXAS
DISTRICT
§ 11/29/2017 9:32:44 AM
THE STATE OF TEXAS § COURT OF APPEALS PAM ESTES
Clerk
APPELLANT'S
SECOND MOTION TO EXTEND TIME TO FILE BRIEF
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW Appellant Walter Lewis Griffis, by and through Colin D. McFall,
Attorney of Record, in the above numbered and styled cause, pursuant to Rule 10.5 (b) and Rule
38.6 (d), Texas Rules of Appellate Procedure, and for good cause moves this Court grant
Appellant's Second Motion to Extend Time to File Brief In support of said motion, the
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 the 27th day of November 2017.
II.
Pursuant to Rule 10.5(b) (1) (B), Texas Rules of Appellate Procedure, Appellant
respectfully request a thirty (30) day extension of time to file Appellant's Brief. If granted,
Appellant's Brief would be due on the 27th day of December 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.
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Counsel submits his work load is high. Because of the demands of private practice and a high
work load, Counsel has not had an effective amount of time to draft an appellate brief. Counsel
needs the requested extension of time to 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 Counsel's
second motion for an extension of time to file Appellant's 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 Walter Lewis Griffis, prays the
Appellate Court grant Appellant's Second Motion to Extend Time to File Brief, and grant
Counsel an additional thirty (30) days to file Appellant's Brief.
RESPECTFULLY SUBMITTED,
606 East Crawford Street
Palestine, Texas 75801-2963
OLIN D. 'ALL Telephone: 903-723-1923
Attorney at Law Facsimile: 903-723-0269
Texas Bar Number: 24027498 Email: cmcfall@mcfall-law-office.com
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CERTIFICATE OF SERVICE
I, Colin D. McFall, Attorney of Record for the above styled Defendant, hereby certify
service of a true and correct copy of the above and foregoing document upon Anderson County
Criminal District Attorney's Office, Allyson Mitchell, at amitchell@co.anderson.bc.us, Scott
Holden, at sholden@co.anderson.tx , and Brenda Cobble, at bcobble@co.anderson.tx.us, by
email transmission, on the P9 y of November 2017.
RESPECTFULLY SUBMITTED,
606 East Crawford Street
Palestine, Texas 75801-2963
Telephone: 903-723-1923
Attorney at Law Facsimile: 903-723-0269
Texas Bar Number: 24027498 Email: cmcfall@mcfall-law-office.com
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CAUSE NUMBER 12-17-00200-CR
WALTER LEWIS GRIFFIS § 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 (18) years of age, of sound mind and
capable of making this Affidavit. I am the Attorney of Record for Walter Lewis Griffis, in the
above numbered and styled cause. I have read the Appellant's Second Motion to Extend Time to
File Brief and swear the facts relied on are within my personal knowledge.
SWORN to and SUBSCRIBED before me by Colin D. McFall on the day of
November 2017.
Public in and for the State of Texas LIZBETT ROMAN
Notary ID # 130542064
My Commission Expires
My commission expires: 02/16/2020 February 16, 2020