PD-1429-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 12/1/2015 5:02:37 PM
Accepted 12/2/2015 9:30:04 AM
NO. PD-1429-14 v'V' ABELACOSTA
CLERK
KENNETH WALKER § IN THE
§
VS. § COURT OF CRIMINAL APPEALS
§
STATE OF TEXAS § AUSTIN, TEXAS
FILED IN
COURT OF CRIMINAL APPEALS
MOTION TO EXTEND TIME TO FILE December 2 2015
BRIEF ON THE MERITS
ABELACOSTA, CLERK
TO THE HONORABLE JUDGES OF SAID COURT:
Now comes Kenneth Walker, 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 241st District Court of Smith County,
Texas.
2. The case in the trial court was styled the State of Texas v. Kenneth
Walker, and numbered 241-0592-12.
3. The case appealed to the Twelfth Court of Appeals in Tyler, Texas and
assigned number 12-12-00378-CR. The Court of Appeals issued an
opinion on September 17, 2014.
4. Appellant was convicted of Injury to a Child and was assessed a sentence
of twenty-five (25) years in the Texas Department of Criminal Justice -
Institutional Division.
5. The petition for discretionary review was filed due by November 17, 2014.
Th Court granted the petition and the brief on the merits was due
November 13, 2015.
6. On November 13, 2015 an extension of time on the brief on the merits
was filed and granted. The new date was November 30, 2015.
Counsel requests an extension of one (l) day due to the number of briefcurrently
due with deadlines, and the number of appellate matters completed since the extension
was granted. Additionally, Counsel was retained recently to represent Mr. Walker in
this matter.
Counsel submitted the Appellant's Brief in Steven Moore v. State of Texas,
cause no. 12-15-00195-CR with no further extensions on November 30, 2015 with the
Twelfth Court of Appeals.
6. Appellant requests an extension of time due to the following facts and
circumstances.
Counsel has been in State Court on the following dates within the last
thirty days:
A. On November 2, 2015, Counsel was in the 294th Judicial District
Court of Van Zandt County, Texas for trial docket call for State of
Texas v. Rodney Morris, cause no. CR13-00459. Mr. Morris was
set in the top ten (10) on the docket along with seven (7) other
Defendants represented by counsel on that particular day.
B. On November 3, 2015, Counsel was in the County Court of Smith
County, Texas for probate docket for In the Estate of Jack T.
Welch, cause no. 40894-P.
C. On November 4, 2015, Counsel was in the County Court at Law
and County Court at Law No. 2 of Smith County, Texas for trial
docket call with various Defendants.
D. On November 5, 2015, Counsel was in 8th Judicial District Rains
County, Texas for a re-sentencing hearing on Charles Michael
Walker, cause no. 5267.
E. On November 10, 2015, Counsel participate in the Appellate
Delphi Panel Webinar. Counsel is currently sitting as a panel
member.
F. On November 12, 2015, Counsel was in the 294th Judicial District
of Van Zandt County, Texas for pre-trial docket call and/or
arraignment which he currently represents twenty-three (23)
defendants on the docket. Many of the Defendants have multiple
cases.
G. On November 18, 2015, Counsel was at trial docket call in the
County Court at Law with various Defendant's.
H. On November 23, 2015, Counsel was at a status hearing regarding
competency on State of Texas v. Reynold McLemee, cause number
CR15-00278 in the 294th Judicial District of Van Zandt County,
Texas.
I. On November 30, 2015, Counsel was in the County Court at Law
of Smith County, Texas for a jury trial setting in State of Texas v.
Roy'Tavien Floyd-Whitfield, cause number 001-82167-15.
Additionally, Counsel has the following cases and deadlines in appellate
matters:
A. Appellant's Brief in Sidney Lynch v. State of Texas, cause number
12-15-00167-15 on December 7, 2015;
B. Appellant's Brief in Gaylord Stevens v. State of Texas, cause
numbers 12-15-00162-CR, 12-15-00163-CRand 12-15-00164-CRon
December 14, 2015;
C. Appellant's Brief in Shai'Keston Mackey v. State of Texas, cause
number 12-15-00243-CR on December 16, 2015;
D. Appellant's Brief in Cedric Humble. Jr. v. State of Texas, cause
number 12-15-00239-CR upon completion ofthe Reporter's Record;
E. Appellant's Brief in Joseph Neal Jones v. State of Texas, cause
number 12-15-00267-CR upon the completion of the Reporter's
Record; and
F. Appellant's Brief in Neal Hunter v. State of Texas, cause number
12-15-00268-CR upon the completion of the Reporter's Record.
8. Defendant is in custody.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court
grant this Motion To Extend Time to File the Brief on the Merits, 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 W. Huggler. Jr.
James W. Huggler, Jr.
State Bar No. 00795437
Attorney for Kenneth Walker
CERTIFICATE OF SERVICE
This is to certify that on December 1, 2015, a true and correct copy of the above
and foregoing document was served on Mike West, Smith County District Attorney's
Office, and Lisa McMinn, State Prosecuting Attorney by electronic filing.
/S/ James W. Huggler. Jr.
James W. Huggler, Jr.