PD-0270-15
PD-0270-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
March 12, 2015 Transmitted 3/11/2015 5:21:45 PM
Accepted 3/12/2015 10:31:03 AM
NO. _________________ ABEL ACOSTA
CLERK
JOSEPH EDWARD SULLIVAN § IN THE
§
VS. § COURT OF CRIMINAL APPEALS
§
STATE OF TEXAS § AUSTIN, TEXAS
MOTION TO EXTEND TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
Now comes Joseph Edward Sullivan, Appellant in the above styled and
numbered cause, and moves this Court to grant an extension of time to file a petition
for discretionary review, pursuant to Rule 68.2( C) and 10.5(b) of the Texas Rules of
Appellate Procedure, and for good cause shows the following:
1. This case is on appeal from the 17th District Court of Smith County,
Texas.
2. The case in the trial court was styled the State of Texas v. Joseph Edward
Sullivan, and numbered 007-1018-12.
3. The case appealed to the Twelfth Court of Appeals in Tyler, Texas and
assigned number 12-13-00253-CR. The Court of Appeals issued an
opinion on February 11, 2015.
4. Appellant was convicted of Sex Abuse of Child Continuous and was
assessed a sentence of life in the Texas Department of Criminal Justice -
Institutional Division.
5. The petition for discretionary review is presently due by March 13, 2015.
Counsel requests an extension of sixty days due to the number of briefs
currently due with deadlines, and the number of appellate matters
completed since the opinion was issued. Additionally, Counsel was
retained on March 11, 2015 to represent Mr. Sullivan in this matter.
6. Appellant requests an extension of time due to the following facts and
circumstances.
Counsel has submitted the following briefs and other post-conviction
matters within the last thirty days:
A. On February 18, 2015, Counsel filed the Appellant’s Brief in
Joshua Ardry v. State of Texas, cause no. 12-14-00143-CR; and
B. On February 19, 2015, Counsel filed the Appellant’s Brief in Craig
Pruitt v. State of Texas, cause no. 12-14-00303-CR.
Counsel has appeared in numerous hearings in state and federal court over the
last thirty days, including hearings in the Eastern District of Texas - Tyler Division,
and hearings in Smith and Van Zandt Counties. Counsel serves as the President of the
Smith County Bar Foundation which hosted the Supreme Court of Texas for oral
arguments on February 25 and 26, 2015. This consumed a great deal of time,
especially in the final two weeks culminating with four different events over the two
day period for the Court. Counsel also attended the Federal Criminal Bench-Bar
Conference in Plano, Texas on February 26 and 27, 2015.
7. Lastly, Appellant’s Counsel has the following briefs pending:
A. Appellant’s Brief in Jolly Neely v. State of Texas, cause no. 12-14-
00309-CR on March 11, 2015;
B. Proposed Findings of Fact and Conclusions of Law for Writ of
Habeas Corpus in State of Texas v. Daphne Ausborne on March
13, 2015;
C. Appellant’s Brief in Torvos Simpson v. USA on March 25, 2015 in
the 5th Circuit Court of Appeals;
D. Appellant’s Brief in Jason Claire Reese v. State of Texas, cause
no. 12-14-00363-CR upon completion of the Reporter’s Record;
E. Appellant’s Brief in Donald Ernest Powell v. State of Texas, cause
no. 12-14-00355-CR upon the completion of the Reporter’s Record;
F. Appellant’s Brief in Oscar Perkins v. State of Texas, cause no. 12-
15-00001-CR upon the completion of the Reporter’s Record;
G. Appellant’s Brief in Larry Michael Maples v. State of Texas, cause
no. 12-14-00337-CR when reset by the Court; and
H. Appellant’s Brief in Fredrick Perkins v. State of Texas, cause no.
12-14-00290-CR when reset by the Court.
8. Defendant is in custody at the Clements Unit in Amarillo, Texas.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court
grant this Motion To Extend Time to File the Petition for Discretionary Review, and
for such other and further relief as the Court may deem appropriate.
Respectfully submitted,
Law Office of James W. Huggler, Jr.
100 E. Ferguson, Suite 805
Tyler, Texas 75702
Tel: (903) 593-2400
Fax: (903) 593-3830
By: /s/ James Huggler
James W. Huggler, Jr.
State Bar No. 00795437
Attorney for Joseph Edward Sullivan
CERTIFICATE OF SERVICE
This is to certify that on March 11, 2015, a true and correct copy of the above
and foregoing document was served on Mike West, Assistant Smith County District
Attorney, 100 North Broadway Ave., Fourth Floor, Smith County Courthouse, Tyler,
Texas, 75702, by electronic service or telephonic document transfer at 903-590-1719.
/s/ James Huggler
James W. Huggler, Jr.
STATE OF TEXAS §
§
COUNTY OF SMITH §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
James W. Huggler, Jr., who after being duly sworn stated:
"I am the attorney for the appellant in the above numbered and entitled
cause. I have read the foregoing Motion To Extend Time to File Petition
for Discretionary Review and swear that all of the allegations of fact
contained therein are true and correct."
/s/ James Huggler
James W. Huggler, Jr.
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on this the 11th day of March,
2015, to certify which witness my hand and seal of office.
/s/ Amie Gonzalez
Notary Public, State of Texas
My Commission expires on July 19, 2018
Sullivan, Joseph Edward
Combined Opinion