AP-77,051 FILED,N COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 10/16/2015 3:39:08 PM October 16, 2015 Accepted 10/16/2015 3:46:42 PM W\J, Ar-//,rai. ABELACOSTA ABELACOSTA, CLERK CLERK In the Coijrt of Criminal Appeals &¥ Texas aj f^uA at Austin, Texas \ pc ( O^b'^T WARREN D. RIVERS,, Appellant, Vs. THE STATE OF TEXAS, Appellee, On Appeal from: 228™ Judicial District Court of Haifis County, Texas, trial Court Cause INo. 475122 APPELLANT'S MOTION FORJBXTENSION IN TIME TO FILE APPELLANT'S BREEF To the Honorable Justices of the Court of Criminal Appeals of Texas: Appellant, Warren £>. Rivers, by and through counsel ofrecord, Patrick F, McCann, respeetfully moves this Honorable Court to GRAMT Appellant's Motion for Extension in time, and allow Appellant ninety (90) additional days, up to and includingWednesday, January 13, 2016, in which, to. file Appellant's Brief in this matter. In support of sueli motion, Appellant would sfeow th&Court the following: (1) The current deadfine for filing Appellant's brief is Friday. Oejober 16, 2015. (2) Appellant's counsel seeks an additional ninety ©0) days, up to and including Wednesday, January 13, 2016,Jn which to prepare Appellant's brief in this matter. p) This is a retrial !qft- a jcap.it.al ,ease: where a. -sentence of :|.eatfa was: imposed. The record and exliibits are voiumous. Further, the issues in Appellant's appeal are complex. Given thesize of the re'cord, as well as the number and the complexity ofthe issues tliat reaffre priefingi additional time is necessary for a full and fair defense of Mr. Rivers, (4) Further, the undersigned attorney, who is a solo practioner, has been engaged in the following: (A) In Norrk v. Stephens, No. 16-7001 Q» a complex federal habeas tmpeal/crms~ajjpeat involving a-grant offeiief"withxespett td-.a death "sentence,' Counsel has prepared numerous briefs^ .reply briefs* applicationstor e^ficate-ofappealability, <$nd replies to the State?s opposition to; issuance: of the certificate which which is due on October 13, 2015 and which has involved a considerable amount of original research. (B) In Johnson v, Stephens, No. 1;5-:6401} a death.penalty case, counsel prepared and filed a petition for writ of certiorari that was docketed in -the United States Supreme Court on October 5, 2015."""" ' " (C) Counsel sponsors to this Court that he is the lead attorney in six death penalty eases that are in various stages of the state and federal habeas' and appellate process that require counsels attention. {B) In USA v. Kiheri, No. H-14-CR-204, counsel is preparing for a multirdefehdant federal fraud trial involving a multi national organized crime group; The ease has required a considerable amount of investigation, conferences with counsel for the co-defendant^ and trial preparation. (E) In State v. Hieden, counsel las been engaged in invesTigatipn and pretrial preparation in a capital ease- arising out of Montgomery County in which the State isexpected to announce its intention to seek the death penalty. (F) Counsel prepared and filed a brief in Villaserior v. State* No. 14-15-255-dR which was due on October 9, 2015. (G) Counsel is preparing for an aggravated assault trial set-to begin inFortBend County in niid-November. (H) Counsel will be out of the Office on ©CtoBer 15, 2015 to conduct interviews with: incarcerated clients in the state prison system. (5) Appellant's counsel has souglit and received two prior extensions in time in whichto file Appellant's briefIn tLlis matter; (6) Tliis extension is norsought Jarpurposes of undue delay or to harass and vex, but to protect Appellants rights iri this mattei- ami to ensure he has his day in court. Coleman v. Alahama.m ITS. 129? f33. (1964) (defendant "entitled to have his day in court"). CONCLUSION AND PRAYER Wftetiefore, PREMISES CONSIDERED, Appellant prays that this Honorable Court will, in all things, GRANT this Extension in Time to File Appellant's Brief, allowing Appellant ninety (90) additional days, up to and including Wednesday, January 13, 2016, in which to file his brief to mis matter, and thattheCourt further GRANT any additional, reliefto which the:.:Appeilant, may'bejustly entitled. DATED this 14th day of October, 2015. Respectfully Submitted, M Patrick jF.MeCatm State Bar No. 00793jS80 Law Ofece of Patrick F, MpCann Suite 205. Rice Hotel 909 Texas Avenue Houston, Texas 77002 {713),223-380S; Counsel, of Record, .for the.Appellant CERTIFICATE OF SERVICE The undersigned hereby certifies mat a taiearid correct copy of the foregihg APPELLANT'S MOTION FOJt EXTENTION IN TIME TO FILE APPELLANT'S BRIEF has been duly served upon counsel representing the Stateof Texas in this matter by either Hand Delivery, Prepaid United States Mail E-mail, or 'Through; this Court's Electronic filing System on diis 14' day of October, 2015, addressed as follows: Allen Curry, Esq. Assistant District Attorney Harris County, Texas 1201 Franklin, Sixth Floor Houston, Texas 77002 E-mail: State Prosecuting Attorney P. 6. Box *****V:CapiM Station Austin, Texas' 78711' /s/ Patrick :E McCatm Counsel for the: Appellant