FILED IN

COURT OF CRIMINAL APPEALS

March 19,2015

ABELACOSTA, CLERK NO. AP-77,045

AP-77,045

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 3/19/2015 9:07:27 AM

Accepted 3/19/2015 10:09:20 AM

ABEL ACOSTA

CLERK

IN THE COURT OF CRIMINAL APPEALS

FOR THE STATE OF TEXAS

* * *

HARLEM HAROLD LEWIS III,

Appellant

v.

THE STATE OF TEXAS,

Appellee

* * *

APPELLANT'S SECOND AND FINAL MOTION FOR EXTENSION

OF TIME WITHIN WHICH TO FILE APPELLANT'S BRIEF

*Death Penalty Case*

On Appeal in Cause No. 1428102 from the

351st District Court of HarrisCounty, Texas

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL

APPEALS:

HARLEM HAROLD LEWIS III, Appellant in the above cause,

respectfully requests that the Court grant this Motion for Extension of Time
Within Which to File Appellant's Brief. In support of this motion,

Appellant respectfully shows the Court the following:

This Appeal is based upon Appellant's conviction of Capital Murder

and sentence of death in Harris County in State of Texas v. Harlem Harold

Lewis III in Cause No. 1428102. This is Appellant's second request for an

extension oftime.

II.

Appellant's brief is currently due on March 23, 2015. Counsel

respectfully requests an extension oftime until Monday, June 8, 2015.

III.

The Reporter's Record was filed with this Court on November 21,

2014. Appellant initially requested an extension of time to submit the brief

until Monday, June 15, 2015. This Court granted an extension of time

requiring that the brief be submitted before March 23, 2015.

IV.

Appellant requests that the Court allow the briefto be filed by June 8,

2015, less than 80 days after the current due date.
V.

Counsel has been preparing for a retrospective competency trial in a

death penalty case remanded by this Court in Cause No. AP-76,580 Albert

James Turner v. State ofTexas. As part of that proceeding, Counsel filed a

Petition for Writ of Mandamus and Prohibition with this Court, In re Albert

James Turner Cause No. WR-80,559-02. Most recently, the State filed a

Petition for Writ of Mandamus and Prohibition with this Court, In re Albert

James Turner Cause No. WR-82,875-01, prompting this Court to order

Counsel to submit briefing no later than April 3, 2015.

VI.

Additionally, Counsel is working on U.S. v. James Ham, Cause No.

4:2013cr-00363, a federal Death Penalty case in the Southern District of

Texas set for trial this fall. Counsel also has supplemental briefing due to

the 4th Court of Appeals in Kimberly Saenz v. State ofTexas Cause No. 04-

12-00238-CR by April 8, 2015, a non-death capital that this Court

remanded.

VII.

Counsel has reviewed the Clerk's and Reporter's Records, examined

the presently available audio visual exhibits and requested the remaining
ones, identified more than a dozen potential errors, and is continuing to

research each issue to identify the strongest points to present to the Court.

This motion is not made for the purpose of delay, but only so that Appellant

may receive the effective assistance of counsel to which he is entitled by

means of a thorough and professional presentation of his points of error to

this Court.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this

Honorable Court will grant this requested extension of time to file the

Appellant's Brief in the above cause and extend the time for filing until June

8,2015.

Respectfully submitted,

Isi Robert A. Morrow

ROBERT A. MORROW

State Bar No. 14542600

24 Waterway Ave., Suite 660

The Woodlands, Texas 77380

Telephone: (281) 379-6901

ramorrow 15@gmail.com

Isi Amy Martin

AMY MARTIN

State Bar No. 24041402

202 Travis Street, Suite 300

Houston, Texas 77002

Telephone: (281) 809-0873

amymartinlaw@gmail.com

A TTORNEYS FOR APPELLANT

APPOINTED ONAPPEAL ONLY
CERTIFICATE OF SERVICE

As required, and in accordance with, the Texas Rule of Appellate

Procedure, I certify that I have served this document on the following parties

on March 19, 2015:

Harris County District Attorney's Office

Appellate Division

1201 Franklin, Suite 600

Houston, Texas 77002

Ph. 713-755-5826

Fax:713-755-5809

Isi Robert A. Morrow

ROBERT A. MORROW