No. 01-17-00296-CR

In the 

Court of Appeals 

For the 

First District of Texas 

At Houston 



No. 1468641

In the 230th District Court 

Of Harris County, Texas 



JAMES TINSLEY 

Appellant 

v.

THE STATE OF TEXAS 

Appellee 



STATE’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF 



TO THE HONORABLE COURT OF APPEALS: 

 THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 2 & 10.5, moves for 

an extension of time in which to file its appellate brief and in its motion, would 

show the Court the following: 

1. Appellant was charged by indictment with capital murder. (CRI – 16) 

Appellant was convicted by a jury and sentenced by the trial court to life in the 

Texas Department of Criminal Justice, Institutional Division. (CRI – 412) 

Appellant timely filed notice of appeal and the trial court certified his right of 

appeal. (CRI – 415-17) 

ACCEPTED

01-17-00296-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

3/20/2018 12:57 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/20/2018 12:57:56 AM CHRISTOPHER A. PRINE Clerk
2. The State’s brief was due March 19, 2018. This Court has previously granted 

three extensions of time for the State to file an appellate brief on December 5, 

2017, January 12, 2018, and March 8, 2018. The following facts are relied 

upon to show good cause for an extension of time to allow the State to file its 

brief:

a. The undersigned attorney has been involved in the 

following appellate projects during which time the 

undersigned attorney was assigned State’s appellate 

brief in this case:

1) Ahmed Salau v. State of Texas

No. 14-17-00130-CR

Brief filed: December 20, 2017

2) Jesus Rosales v. State of Texas

Nos. 14-16-00764/766-CR

Supplemental Brief filed: January 11, 2018

3) Dylan Quick v. State of Texas 

Nos. 14-15-01066/67/68-CR

Oral Argument: January 23, 2018

4) Robert Alvarez v. State of Texas

No. 01-16-00407-CR

Oral Argument: January 24, 2018

5) State of Texas v. Carlos Mora

Ex parte Carlos Mora

Nos. 01-17-00661/662-CR

Oral Argument: February 13, 2018

**undersigned attorney is to submit a postsubmission brief for these cases
6) Evan Gamble v. State of Texas

No. 01-17-00405-CR

Brief Submitted: February 28, 2018

7) State of Texas v. Arelius McGregor

Trial court cause no. 1570410

State’s response to defendant’s application 

for writ of habeas corpus submitted to trial 

prosecutor: March 16, 2018

**This written project was recently 

delegated to the undersigned attorney, was 

time sensitive, and regarded defendant’s 

constitutionality challenge to Penal Code 

section 21.16(b). The final response drafted 

by the undersigned attorney was 16 pages 

and completion of this response interfered 

significantly with the undersigned attorney’s 

ability to complete the State’s brief in this 

case.

8) Robert Bolden v. State of Texas

No. 14-17-00411-CR

Brief Due: March 26, 2018

9) In the Matter of C.R.

Nos. 01-18-00185/186/187/188-CV

Brief Due: May 18, 2018

b. The undersigned attorney has been working diligently 

to complete and file the State’s brief in this case. 

However, the undersigned attorney has had to conduct 

legal research to assist prosecutors with questions 

related to cases pending in the trial courts. Some 

questions have required much more extensive 

research and/or time to answer than others, such as 

drafting a proposed felony jury charge for a juvenile 

trial case, for example. Such research has interfered 

with the undersigned attorney’s ability to complete the 

State’s brief in this case.
WHEREFORE, the State prays that this Court will grant a three-day extension of 

time, to Thursday, March 22, 2018, for the undersigned attorney to complete and 

file the State’s appellate brief in this case.

Respectfully submitted,

/s/ Patricia McLean

PATRICIA MCLEAN

Assistant District Attorney

Harris County, Texas

(713) 274-5826

McLean_Patricia@dao.hctx.net

TBC No. 24081687

CERTIFICATE OF SERVICE 

This is to certify that a copy of the foregoing instrument will be served by efiling to:

Mandy Miller

Attorney for Appellant

mandy@mandymillerlegal.com

/s/ Patricia McLean

PATRICIA MCLEAN

Assistant District Attorney

Harris County, Texas

(713) 274-5826

McLean_Patricia@dao.hctx.net

TBC No.24081687

Date: March 20, 2018