ACCEPTED
02-17-00232-CR
SECOND COURT OF APPEALS
FORT WORTH, TEXAS
12/14/2017 3:57 PM
DEBRA SPISAK
CLERK
CAUSE NO. 12-17-00232-CR
FILED IN
MELVIN LINN KNOX * 2ndOF
IN THE COURT COURT OF APPEALS
APPEALS
FORT WORTH, TEXAS
Appellant * 12/14/2017 3:57:54 PM
* FOR THE SECOND DISTRICT
DEBRA SPISAK
* OF TEXAS Clerk
*
*
THE STATE OF TEXAS * IN FORT WORTH, TEXAS
Appellee
FIRST MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT'S BRIEF
COMES NOW, MELVIN LINN KNOX, Appellant, by and through his attorney, MARY
B. THORNTON, and files this his First Motion for Extension of Time to File Appellant’s
Brief in the above styled and numbered cause requesting an additional sixty (60) days
and in support of his motion would show this Honorable Court as follows:
I.
Appellant was indicted in cause number 1468054D for the offense of murder.
His case was assigned to Criminal District Court Number Two in Tarrant County, Texas.
On June 28, 2017, Appellant pleaded guilty to the State’s indictment before the trial
court with no plea bargain agreement. Both sides waive the preparation of a
Presentence Investigation Report, and Appellant’s punishment hearing was set for July
10, 2017. After hearing evidence from both the State and the defense the trial court
found Appellant guilty of the offense of murder on July 10, 2017, and assessed his
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punishment at incarceration in the Institutional Division of the Texas Department of
Criminal Justice for forty years.
On August 7, 2017, Appellant filed a Motion to Recuse the trial judge.
Appellant’s motion was denied by the trial court on August 14, 2017. A hearing was
held on the trial court’s denial before the Hon. David L. Evans, Presiding Judge for the
Eighth Administrative Judicial Region on August 25, 2017. Subsequent to the hearing,
the Hon. David L. Evans signed an Order denying Appellant’s Motion to Recuse.
II.
Appellant is presently incarcerated and serving his sentence as required by law.
IV.
Pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure Appellant's
brief was due to be filed in this Honorable Court on Thursday, December 14, 2017. No
motions for extension of time have been requested by Appellant.
IV.
Because of other cases, counsel for Appellant has not had sufficient time to
prepare Appellant’s brief in the above styled and numbered cause. Counsel has been
to court on several cases. Counsel is presently writing the appellant’s brief in Eunice
Cristina Rodriguez v The State of Texas, presently due in this Honorable Court on
Tuesday, December 19, 2017.
Counsel is asking for an additional sixty (60) days not for purposes of delay but
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because it is necessary in order to render Appellant his constitutionally mandated
effective assistance of counsel pursuant to the Sixth and Fourteenth Amendments to
the U.S. Const. and art. 1, sec. 9 of the Tex. Const.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays that this
Honorable Court grant her First Motion for Extension of Time to File Appellant's brief in
the above styled and numbered cause for sixty (60) days and extend the deadline for
filing Appellant's brief to Monday, February 12, 2018.
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Respectfully submitted,
/s/Mary B. Thornton
MARY B. THORNTON
Attorney for Appellant
3901 Race Street
Fort Worth, Texas 76111
Telephone No.: (817) 759-0400
Telecopier No.: (817) 831-3002
Email: marybrabson01@gmail.com
State Bar #19713700
CERTIFICATE OF CONFERENCE
On December 14, 2017, a conference was held on the merits of this motion with
Ms. Haley Little in the Tarrant County Criminal District Attorney's Office Post Conviction
Unit, who had no objection to Appellant's First Motion for Extension of Time to file
Appellant’s Brief requesting an additional sixty (60) days.
/s/Mary B. Thornton
MARY B. THORNTON
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CERTIFICATE OF SERVICE
I hereby certify that on the 14th day of December, 2017, a true and correct copy
of the above motion was electronically served on the Hon. Debra Windsor, Chief of the
Tarrant County Criminal District Attorney’s Office Post Conviction Unit, Tim Curry
Criminal Justice Center, Fourth Floor, 401 West Belknap, Fort Worth, Texas, 76196, at
COAAppellateAlerts@tarrantcountytx.gov.
/s/Mary B. Thornton
MARY B. THORNTON
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