PD-1636-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 3/23/2015 4:04:59 PM
Accepted 3/25/2015 1:56:44 PM
No. PD-1636-14 ABELACOSTA
CLERK
3ht tfje Court of
Criminal appeal* of 3£exa£ ^
*7
FILED IN Walter Demond,
COURT OF CRIMINAL APPEALS Petitioner,
March 25, 2015 v.
ABEL ACOSTA, CLERK The State of Texas,
Respondent.
Unopposed Motion To Extend Time For
Filing Motion For Rehearing
In accordance with Tex. R. App. P. 10.5(b) and 79.6, Petitioner Walter
Demond respectfully requests a 30-day extension of time to file a Motion for
Rehearing. The State does not oppose this motion.
1. The Texas Court of Criminal Appeals refused Mr. Demond's Petition
for Discretionary Review on March 18, 2015. Consequently, pursuant to Tex. R.
App. P. 79.1, the deadline for filing a Motion for Rehearing is April 2, 2015.
2. Mr. Demond respectfully requests a 30-day extension for filing a
Motion for Rehearing, which would result in a new deadline of May 4, 2015. Mr.
Demond has not previously requested an extension regarding this Motion.
3. The extension is necessary due to several scheduling conflicts in other
matters involving lead counsel for Mr. Demond. Lead counsel had and has various
time-sensitive obligations and briefing deadlines in multiple other matters,
including: Fisher v. University of Texas at Austin, No. 14-981 (U.S.); Williams v.
Texas Taxpayer & Student Fairness Coalition, No. 14-0776 (Tex.); Ex parte Perry,
No. 03-15-00063-CR (Tex. App.—Austin); TXU Portfolio Management Co. v.
FPL Energy, LLC, No. 05-08-01584-CV (Tex. App.—Dallas); United States ex
rel. Harman v. Trinity Industries, Inc., No. 15-40337 (5th Cir.); Trinity Industries,
Inc. v. The Center for Auto Safety, No. 14-0995 (5th Cir.); United States ex rel.
Harman v. Trinity Industries, Inc., No. 2:12-CV-00089 (E.D. Tex.); United States
ex rel. Heath v. Wisconsin Bell, Inc., No. 08-CV-00724 (E.D. Wis.); National
Association of African-American Owned Media v. AT&T Inc., No. 14-CV-09256
(CD. Cal.); and a confidential constitutional lawsuit for which lead counsel's role
is not yet public.
4. Counsel requests the extension to evaluate whether, pursuant to Tex.
R. App. P. 79.2(c), substantial intervening circumstances or other significant
circumstances justify a Motion for Rehearing in this matter. In the event counsel
determines that such circumstances exist, the extension is necessary to prepare a
Motion for Rehearing that is comprehensive, concise, and helpful to the Court.
5. The State does not oppose this motion.
6. For these reasons, Mr. Demond respectfully requests a 30-day
extension for filing a Motion for Rehearing, which would result in a new deadline
ofMay4,2015.
DATED: March 23, 2014 Respectfully submitted,
Isi James C Ho
James C. Ho
State Bar No. 24052766
Prerak Shah
State Bar No. 24075053
Gibson, Dunn & Crutcher LLP
2100 McKinney Avenue, Suite 1100
Dallas, TX 75201-6912
Tel.: (214)698-3264
Fax: (214)571-2917
jho@gibsondunn. com
pshah@gibsondunn. com
Counsel for Petitioner
Certificate of Conference
I certify that I have conferred with Dustin Howell, counsel for Respondent
State of Texas, who confirmed that Respondent is not opposed to the relief sought
by this motion.
Dustin Howell
Assistant Solicitor General
Office of the Attorney General
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
Counselfor the State of Texas
Is/ James C. Ho
James C. Ho
Certificate of Service
I certify that on March 23, 2015, a true and correct copy of this motion was
served on the following counsel of record via electronic mail:
Dustin Howell
Assistant Solicitor General
Office of the Attorney General
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
dustin.howell@texasattorneygeneral.gov
Counsel for the State of Texas
Isi James C Ho
James C. Ho