Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 1

Terri Regina Lang v. State ; Cause No. 03 -15 -00332- CR CAUSE NO. 03
- 15 -00332- CR

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IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS

AUSTIN DIVISION

_________________________________________________
TERRI REGINA LANG § § v. § § STATE OF TEXAS §

_______________________________________________ APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF

_______________________________________________

Justin Bradford Smith Texas Bar No. 24072348 Harrell, Stoebner, & Russell, P.C. 2106 Bird Creek Drive Te mple, Texas 7 6502 Phone: (254 ) 771-1855 FAX: ( 254 ) 771-2082 Email: justin@templelawoffice.com ATTORNEY FOR APPELLANT ACCEPTED 03-15-00332-CR 7555620 THIRD COURT OF APPEALS

AUSTIN, TEXAS 10/27/2015 11:40:28 AM JEFFREY D. KYLE

CLERKAppellant’s First Motion to Extend Time to File Appellant’s Brief Page 2

Terri Regina Lang v. State ; Cause No. 03

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- CR T O THE HONORABLE COURT OF APPEALS: COMES NOW, Appellant , TERRI REGINA LANG, who files this First Motion for Extension of Time to File Appellant’s Brief, and shows unto the Court as follows:
I. Appellant’s brief is due on or before October 2 8 , 2015.
II. Appellant seeks an additional thirty (30) days to file h er brief, which should make his brief due on or before November 30 , 2015 (actual deadline falls on Friday , November 2 7 , 2015 , which is the day after Thanksgiving

— Appellant’s counsel assumes the Court is closed on the day after Thanksgiving, and the next days, of course, are Saturday and Sunday )

. III.
Facts relied on to reasonably exp lain the need for an extension include the following:
1. Preparation for oral argument to be held on November 5, 2015

in the capital murder case of Sherill Ann Small v. State , Cause
No. 14

- 15

- 00039

- CR. The record is voluminous (23 volumes of the Reporter’s R ecord; 1 Unsealed Clerk’s Record; 1 SealedAppellant’s First Motion to Extend Time to File Appellant’s Brief Page 3

Terri Regina Lang v. State ; Cause No. 03

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Clerk’s Record; 2 Supplemental Clerk’s Record), and preparation has been frequent since the case was set for oral argument on September 24, 2015 (e.g., September 29, 2015; October 12, 2015; October 13, 2015; Octob er 14, 2015; October 15, 2015; October 16, 2015; October 19, 2015; October 20, 2015 ; October 21, 2015; October 22, 2015; October 23, 2015 ; October 24, 2015; October 26, 2015 )

. 2. Preparation and filing of, as well as legal research related to, a

supplemental brief amending the second issue in Sherill Ann Small v. State , 14

- 15

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- CR , as well as a motion for leave to amend, a request for a supplemental clerk’s record, a letter to the Court of Appeals regarding the lack of an objection from the State to the amendment, etc.. Work was necessary after learning the clerk’s file contained documents that were not a part of the clerk’s record and that required the amendment of
issue two. Also visited client in Gatesville regarding oral argument, amending second issue, etc. Work performed on Septembe r 30, 2015; October 1, 2015; October 2, 2015;Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 4

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October 3, 2015; October 5, 2015; October 6, 2015; October 7, 2015.
3. Review record and perform legal research for brief that was due

on September 28, 2015 in In the Matter of C.P. , 03

- 15

- 00276

- CV . (Work performed on September 28, 2015). [includes only the day after which the thirty

- day deadline to file a brief in the instant case began]
4. Review record and perform legal research for briefs that were

due on September 23, 2015 and September 24, 2015 in Raymo nd Ross Mormino, II v. State , Cause Nos. 10

- 15

- 00167

- CR and 10

- 15

- 00173

- CR. Work performed on September 29, 2015. 5. Work related to new appe llate appointments:

a. In re: W.H., et al, Minor Children ; Cause No. 267,051

. Drafting and filing motion for new trial, motion to disregard jury answers, and related orders ; jail visit with client ; draft and file notice of appeal, request for clerk ’ s record, request for reporter ’ s record . Work performed on October 21, 2015 ; October 22, 2015 ; and October 27, 2015

.Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 5

Terri Regina Lang v. State ; Cause No. 03

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b. State of Texas v. Eian Hurlburt ; Cause Nos. 22,444; 22,445; 22,446; and 22,447; 52nd District Court, Coryell County,
Te xas (request initial documents on October 23, 2015).
6. Work related to new case to go on appeal in In re: H.C.C. ,

Cause No. 254,204, 426 th District Court , Bell County, Texas. (Drafting /Revising Proposed Final Order and coordinating with trial counsel ; lett er to court regarding order ) ( September 29, 2015; October 7, 2015; October 15, 2015 ). [includes only those dates after the thirty days to file the brief in the instant case began]
7. Work related to appeal, Fernando Smith v. State , Cause No. 10

-

15

- 00263

- CR, including review of part of file at courthouse in Gatesville (on October 2, 2015) and ensuring trial counsel’s presence at return from shock probation hearing held on October 14, 2015 (work performed on Oct obe r 13, 2015).
8. Drafting and filing revised request for clerk ’ s record in In re:

B.M.W. , 03

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- 00380

- CV (Trial Court Cause No. 231,743

- B). Work performed on October 27, 2015.Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 6

Terri Regina Lang v. State ; Cause No. 03

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- CR 9. Legal research and related a ssista nce with Samu e l Corman v.

Alltell Communication, LLC, et al , Cause No. Cause No . CV 06815 , Hamilton County , and/or case pending in federal court ( Civil Case N o. 6:15

- CV

- 264 ). Work performed on October 7, 2015; October 8, 2015; October 12, 2015.
10. Time los t completing “CLE Fifteen: Criminal Law 2014 (Top

Rated Topics from the Past Year)” (15.25 hours, including 3 hours ethics) ( MCLE No: 901307940 ) (Viewed on or around October 10, 2015; October 12, 2015; October 13, 2015).
11. Completing reporting requirements for court appointments

required by Article 26.04(j)(4), Code of Criminal Procedure

. Reporting required for eleven counties (Bastrop, Bell, Bosque, Bowie, Burnet, Cass, Coryell, Limestone, Llano, McLennan, Milam ) (performed on or about October 14, 2015)

. 12. Attended three oral arguments plus a panel discussion by part

of the Third Court of Appeals, as part of Fall Bench/Bar CLE on October 22, 2015. MCLE Number 901326885.
13. Time lost taking car to dealership for service on the afternoon

of October 1, 2015.Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 7

Terri Regina Lang v. State ; Cause No. 03

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- CR 14. Miscellaneous work related to cases not h aving cause numbers

because not yet pending (e.g., coordinating pre

- suit mediation) or are transactional (contract revision/review) (performed variously over the course of the last month).

IV. No previous extensions have been requested and granted in this matter. P RAYER WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to extend his time for filing his brief to thirty (30) days from the date his brief is currently due.
R espectfully submitted:

/s/ Justin Bradford Smith Justin B radford Smith Texas Bar No. 24072348 Harrell, Stoebner, & Russell, P.C. 2106 Bird Creek Drive Temple, Texas 76502 Phone: (254) 771

- 1855 FAX: (254) 771

- 2082 Email: justin@templelawoffice.com
ATTORNEY FOR APPELLANTAppellant’s First Motion to Extend Time to File Appellant’s Brief Page 8

Terri Regina Lang v. State ; Cause No. 03

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- CR CERTIFICATE OF SERVICE I hereby certify that , on October 2 7 , 2015 , a true and correct copy of the Appellan t’s Second Motion to Extend Time to File Appellant’s Brief was provided to counsel via the method indicated below : Burnet County District Attorney c/o Gary W. Bunyard 1701 E. Polk, Ste 24 Burnet, Texas 78611 Phone: (512) 756

- 5449 Fax: (512) 756

- 8572 VIA EMAIL: g.bunyard@co.llano.tx.us VIA ESERVICE Attorneys for State of Texas /s/ Justin Bradford Smith Justin Bradford Smith