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

_________________________________________________ 

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 

 Temple, Texas 76502

 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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/27/2015 11:40:28 AM JEFFREY D. KYLE Clerk
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 2

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

TO 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 28, 2015.

II.

Appellant seeks an additional thirty (30) days to file her brief, which should 

make his brief due on or before November 30, 2015 (actual deadline falls on 

Friday, November 27, 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 explain 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 Record; 1 Unsealed Clerk’s Record; 1 Sealed 
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 3

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

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; October 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, 14-15-00039-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 

September 30, 2015; October 1, 2015; October 2, 2015; 
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 4

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

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 

Raymond 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 appellate 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. 03-15-00332-CR

b. State of Texas v. Eian Hurlburt; Cause Nos. 22,444; 22,445; 

22,446; and 22,447; 52nd District Court, Coryell County, 

Texas (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, 426th District Court, Bell County, Texas. 

(Drafting/Revising Proposed Final Order and coordinating with 

trial counsel; letter 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 October 13, 2015).

8. Drafting and filing revised request for clerk’s record in In re: 

B.M.W., 03-15-00380-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. 03-15-00332-CR

9. Legal research and related assistance with Samuel Corman v. 

Alltell Communication, LLC, et al, Cause No. Cause No. CV 

06815, Hamilton County, and/or case pending in federal court 

(Civil Case No. 6:15-CV-264). Work performed on October 7, 

2015; October 8, 2015; October 12, 2015. 

10. Time lost 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. 03-15-00332-CR

14. Miscellaneous work related to cases not having 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.

PRAYER

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.

Respectfully submitted:

/s/ Justin Bradford Smith

Justin Bradford 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 APPELLANT
Appellant’s First Motion to Extend Time to File Appellant’s Brief Page 8

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

CERTIFICATE OF SERVICE

I hereby certify that, on October 27, 2015, a true and correct copy of the 

Appellant’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