PD-0597-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/6/2015 11:32:10 AM
Accepted 10/6/2015 12:37:09 PM
ABEL ACOSTA
COURT OF CRIMINAL APPEALS CLERK
PD-0597-15 October 6, 2015
Bernard Winfield Shortt, Appellant,
v.
State of Texas, Appellee.
On Discretionary Review from No. 05-13-01639-CR
Fifth Court of Appeals
On Appeal from No. F07-00193
194th Judicial District Court, Dallas County
Motion to Extend Time to File
Appellant’s Brief
Michael Mowla
P.O. Box 86 8
Cedar Hill, TX 75106
Phone: 972-795-2401
Fax: 972-692-6636
michael@mowlalaw.com
Texas Bar No. 24048680
Attorney for Appellant
1
To the Honorable Judges of the Court of Criminal Appeals:
Appellant files this motion to extend time to file the Appellant’s Brief:
1. On May 12, 2015, in Shortt v. State, 05-13-01639-CR (Tex. App.
Dallas, May 12, 2015), the Court of Appeals dismissed Appellant’s appeal,
claiming lack of jurisdiction.
2. On June 30, 2015, Appellant filed the petition for discretionary
review.
3. On September 16, 2015, this Court granted the petition for
discretionary review.
4. The Appellant’s Opening Brief is due on October 16, 2015.
5. For good cause, Appellant asks for an extension of 15 days to file the
Appellant’s Brief, i.e., until October 31, 2015.
6. No previous extension to file the Appellant’s Brief has been filed.
7. Appellant relies on the following facts as good cause for the requested
extension: Attorney for Appellant just completed an appellant’s brief in Gresham
v. Fischer, 15-50642, filed in the Fifth Circuit.
8. Further, Attorney for Appellant has the following briefs, petitions for
discretionary review, or other pleadings due soon:
Von Tungeln v. State, PD-1016-15, petition for discretionary review
due in the Court of Criminal Appeals, October 8, 2015.
2
Geiger v. State, 08-15-00213, appellant’s brief due in the Eighth
Court of Appeals, October 21, 2015
Brenes v. State, 06-15-00108, appellant’s brief due in the Sixth Court
of Appeals, October 30, 2015
Estrada v. Healey, 15-20475, appellant’s brief due in the Fifth Circuit
Court of Appeals, November 2, 2015
9. In addition, Mowla has been working on two complex death penalty
habeas corpus cases - Ex parte Thomas, F86-85539, in the 194th Judicial District
Court, and Green v. Director, 3:15-cv-02197-M-BH, in the Northern District of
Texas.
10. Finally, Mowla continues work on several habeas cases involving the
underlying issue in Miller v. Alabama, 132 S.Ct. 2455 (2012).
11. This Motion is not filed for purposes of delay, but so that justice may
be served.
Appellant prays that this Motion for Extension of Time to File Appellant’s
Brief be granted.
Respectfully submitted,
Michael Mowla
P.O. Box 868
Cedar Hill, TX 75106
Phone: 972-795-2401
Fax: 972-692-6636
michael@mowlalaw.com
Texas Bar No. 24048680
Attorney for Appellant
3
/s/ Michael Mowla
By: Michael Mowla
Certificate of Service
This certifies that on October 6, 2015, a copy of this document was served
on Lori Ordiway and Lisa Smith of the Dallas County District Attorney’s Office,
Appellate Division, 133 N. Riverfront Boulevard, Dallas, Texas 75207 by email to
lori.ordiway@dallascounty.org, lisa.smith@dallascounty.org, and
DCDAAppeals@dallascounty.org; on Marissa Elmore at
marisa.elmore@dallascounty.org; and on Lisa McMinn, the State Prosecuting
Attorney, by email to Lisa.McMinn@spa.texas.gov, and John Messinger, Assistant
State Prosecuting Attorney, by email to john.messinger@spa.state.tx.us. See Tex.
Rule App. Proc. 9.5 (2015) and Tex. Rule App. Proc. 68.11 (2015).
/s/ Michael Mowla
By: Michael Mowla
4
Shortt, Bernard Winfield
Combined Opinion