The opinion
ACCEPTED
06-15-00099-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
10/2/2015 1:16:23 PM
DEBBIE AUTREY
CLERK
NO. 06-15-00099-CR
IN THE COURT OF APPEALS FILED IN
6th COURT OF APPEALS
SIXTH APPELLATE DISTRICT OF TEXASTEXARKANA, TEXAS
AT TEXARKANA 10/2/2015 1:16:23 PM
DEBBIE AUTREY
JAMES FRIEND Clerk
Appellant
v.
STATE OF TEXAS Appellee
APPELLANT’S THIRD MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW the Appellant, JAMES FRIEND, by and through counsel of
record, Jason Horton, and for his Third Motion for Extension of Time to File Brief
states as follows:
I.
Appellant’s Brief is due on October 2, 2015.
II.
Appellant has sought and obtained two prior briefing extensions in this case.
III.
Appellant requests additional time to (1) review the record for all possible
points on appeal, and (2) prepare Appellant’s brief. Appellant’s counsel’s trial and
appellate caseload and schedule have prevented said attorney from being able to
James Friend v. State of Texas
6th Court of Appeals No. 06-15-00099-CR
Appellant’s Third Motion for Extension of Time to File Brief
Page 1 of 5
devote the necessary time to complete Appellant’s brief. Said caseload and schedule
includes, but is not limited to, the following since the Court granted Appellant’s
second extension request:
■ Preparation for and attendance at pretrial hearing in State of Arkansas vs.
Jerry Christopher Reed, pending in the Circuit Court of Pike County, Arkansas, on
September 14, 2015;
■ Preparation for and attendance at sentencing hearing in State of Arkansas vs.
Stefanie Wilkerson, pending in the Circuit Court of Pike County, Arkansas, on
September 14, 2015;
■ Preparation for and attendance at pretrial hearing in State of Texas v. Daniel
Moya, pending in the County Court at Law of Bowie County, Texas, on September
14, 2015;
■ Preparation for and attendance at pretrial hearing in State of Arkansas v.
Jason Southerland, pending in the Circuit Court of Little River County, Arkansas, on
September 15, 2015;
■ Preparation for and attendance at plea and sentencing hearing in State of
Arkansas v. Creighton Flowers, pending in the Circuit Court of Howard County,
Arkansas, on September 16, 2015;
■ Preparation for and attendance at Driver Control hearing in Arkansas
Department of Finance and Administration v. Jered Landrum, on September 18, 2015;
James Friend v. State of Texas
6th Court of Appeals No. 06-15-00099-CR
Appellant’s Third Motion for Extension of Time to File Brief
Page 2 of 5
■ Preparation for and attendance at hearing in Pender v. McDougal, pending in
the Circuit Court of Miller County, Arkansas, on September 18, 2015;
■ Preparation for and attendance at expunction hearing in In Re Mario Meza,
pending in the 202nd District Court of Bowie County, Texas, on September 21, 2015;
■ Preparation for and attendance at parole revocation hearing at the Sevier
County Jail in Arkansas Board of Pardons and Paroles v. Doyle Whisenhunt, on
September 24, 2015;
■ Preparation for and attendance at pretrial hearing in State of Texas v. Devon
Martin, pending in the 5th District Court of Bowie County, Texas, on September 25,
2015;
■ Make final revisions to and filing of Appellee’s Brief in Alicia Dawn
Neumann v. Lloyd Draughon Smith, pending in the Arkansas Court of Appeals, from
September 24-25, 2015;
■ Preparation for and attendance at Miller County criminal docket in the
Circuit Court of Miller County, Arkansas, on September 29, 2015 (full day);
■ Preparation for and attendance at bond returnable hearing in State of
Arkansas v. Cheyenne Foster, pending in the Circuit Court of Miller County,
Arkansas, on September 29, 2015; and
■ Preparation for and attendance at Miller County juvenile docket in the
Circuit Court of Miller County, Arkansas, on September 30, 2015.
James Friend v. State of Texas
6th Court of Appeals No. 06-15-00099-CR
Appellant’s Third Motion for Extension of Time to File Brief
Page 3 of 5
IV.
In addition to the above, Appellant’s counsel prepared for trial in State of
Arkansas v. Quinton Hope, an alleged shaken baby case pending in the Circuit Court
of Miller County, Arkansas, from September 16-29, 2015. Jury selection was
scheduled to begin on October 5, 2015, but, due to evidentiary issues, Circuit Court
Judge Carlton Jones continued the case for trial in 2016 on September 29, 2015.
V.
This motion is made in good faith and not for purposes of delay.
VI.
Without additional time, Appellant will be denied effective assistance of
counsel on appeal, to which he is entitled.
James Friend v. State of Texas
6th Court of Appeals No. 06-15-00099-CR
Appellant’s Third Motion for Extension of Time to File Brief
Page 4 of 5
WHEREFORE, Appellant requests that the deadline for the filing of his Brief
be extended thirty (30) days, and for any such other relief to which he may be entitled.
Respectfully submitted,
JASON HORTON LAW FIRM
114 West Broad Street
Texarkana, Texas 75501
Mail to:
P.O. Box 1596
Texarkana, Texas 75504
T- (903) 792-2000
F- (903) 792-2100
BY: /s/ Jason Horton
Jason Horton
jason@jasonhortonlaw.com
Texas Bar Number 24041130
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
On this 2nd day of October, 2015, I hereby certify that a true and correct copy of
the foregoing instrument will be served on the Bowie County District Attorney’s
Office, according to the Texas Rules of Appellate Procedure and the rules of this
Court.
/s/ Jason Horton
Jason Horton
James Friend v. State of Texas
6th Court of Appeals No. 06-15-00099-CR
Appellant’s Third Motion for Extension of Time to File Brief
Page 5 of 5