ACCEPTED
05-14-01065-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
6/17/2015 2:40:43 PM
LISA MATZ
CLERK
CAUSE NO. 05-14-01065-CR
FILED IN
5th COURT OF APPEALS
ARTHUR FRANKLIN MILLER, JR. § IN THE COURTDALLAS, TEXAS
OF APPEALS
§ 6/17/2015 2:40:43 PM
§ LISA MATZ
vs. § Clerk
FOR THE FIFITH DISTRICT
§
§
THE STATE OF TEXAS § OF TEXAS AT DALLAS
APPELLANT’S MOTION FOR PERMISSION TO ELECTRONICALLY FILE A
MOTION FOR REHEARING 1 DAY AFTER THE DEADLINE
TO THE HONORABLE JUSTICES OF SAID COURT:
COMES NOW, Counsel for the Appellant, and files this Motion and Certification for
Court to allow Appellant to electronically file a Motion for Rehearing one (1) day after the filing
deadline, and would show in support thereof, the following:
I.
Pursuant to the Tex. R. App. P. 4.1 (b), undersigned counsel certifies that the clerk’s
office was not closed or inaccessible to the public during regular hours but counsel was unable to
successfully file after several attempts by electronic means because of either an in counsel’s
office “computer glitch” or possibly internet interruptions because of the recent building power
outages caused by the recent severe weather.
II.
In an attempt to comply with Tex. R. App. P. 49.1, a manual filing “the old fashioned
way” by regular U.S. Mail was postmarked and completed on June 16, 2015.
Motion for Permission to Electronically File Motion for
Rehearing 1 Day After Deadline – Arthur Franklin Miller, Jr. Page 1 of 2
WHEREFORE, PREMISES CONSIDERED, for these reasons, the Appellant
asks this Court to allow Appellant to electronically file the Motion for Rehearing one (1) day
after the deadline.
Respectfully Submitted,
/s/ Jay Ethington______________
Jay Ethington
SBN: 06692500
3131 McKinney Avenue
Suite 800
Dallas, Texas 75204
Tel: (214) 740-9955
Fax: (214) 740-9912
jay@jayethington.com
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
This is to certify that on the 17TH day of June, 2015, a true and correct copy of the above
and foregoing Motion was served on the attorney for the State of Texas, Amy Sue Melo Murphy,
Assistant District Attorney, Collin County District Attorney’s Office.
/s/ Jay Ethington
Jay Ethington
Motion for Permission to Electronically File Motion for
Rehearing 1 Day After Deadline – Arthur Franklin Miller, Jr. Page 2 of 2
Arthur Franklin Miller, Jr. v. State
Combined Opinion