Appellant’s Second 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 SECOND 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

7998293

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/25/2015 5:05:34 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/25/2015 5:05:34 PM JEFFREY D. KYLE Clerk
Appellant’s Second 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 

SecondMotion 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 November 30, 2015.

II.

Appellant seeks an additional sixty-five (65) days to file his brief, which 

should make his brief due on or before February 3, 2015. Appellant’s counsel is 

requesting so much time, both on this case and others, because his briefing 

schedule is quite packed: until recently, he had nine briefs due in the next roughly 

two weeks. A great deal of time was lost preparing for oral argument and in the 

capital murder appeal, which record is voluminous, identified below, but a second 

factor necessitating a greater-than-usual request for more time is that Appellant’s 

counsel was appointed to represent a party in L.H. v. Texas Department of Family 

and Protective Services, 03-15-00673-CV, which is an accelerated appeal in a 

parental rights termination case which also has a large record. As the Court 

knows, this Court has little leeway to grant extensions in those appeals. Appellant 
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 3

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

is asking for sixty-five days rather than sixty to try to space his due dates for briefs 

appropriately.

III.

Facts relied on to reasonably explain the need for an extension include the 

following:

1. Preparation for oral argument that was 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 Clerk’s Record; 2 Supplemental Clerk’s Record), and 

preparation was frequent since the case was set for oral 

argument on September 24, 2015. (e.g., October 23, 2015; 

October 24, 2015; October 26, 2015; October 27, 2015; 

October 28, 2015; October 29, 2015; October 30, 2015; 

November 2, 2015; November 3, 2015; November 4, 2015; 

November 5, 2015) (only includes dates since instant brief 

became due). Also, Appellant’s counsel had to travel to and 

from Houston for oral argument, meaning the whole day was 

lost to this case.
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 4

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

2. Drafting brief, reviewing record and performing legal research 

for brief filed on November 23, 2015 in Santos Salinas, Jr. v. 

State; Cause No. 13-15-00310-CR (Work performed November 

9, 2015, November 11, 2015; November 12, 2015; November 

13, 2015; November 16, 2015; November 17, 2015; November 

18, 2015; November 19, 2015; November 20, 2015; November 

21, 2015; November 23, 2015).

3. Review record in L.H. v. Texas Department of Family and 

Protective Services, 03-15-00673-CV. (Work performed on 

November 10, 2015; November 12, 2015; November 17, 2015; 

November 18, 2015).

4. Review record, perform legal research, and draft and submit 

brief for filing (on November 25, 2015) in In the Matter of 

C.P., 03-15-00276-CV. (Work performed on November 6,

2015; November 23, 2015; November 24, 2015; November 25, 

2015). 

5. Briefs due on November 30, 2015 in Raymond Ross Mormino, 

II v. State, Cause Nos. 10-15-00167-CR and 10-15-00173-CR. 
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 5

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

6. Work related to new appeals of four cause numbers in Eian 

Hurlburt v. State, 10-15-00400-CR, 10-15-00401-CR, 10-15-

00402-CR, 10-15-00402-CR. (e.g., draft notices of appeal, 

requests for clerk’s records, etc.) (Work performed on October 

23, 2015; October 26, 2015; November 6, 2015; November 13, 

2015).

7. Work related to new appeal, Frank Ortegon v. State, 01-15-

00880-CR. (e.g., request clerk’s and reporter’s records) (Work 

performed November 16, 2015).

8. Work related to new appeal, David Joseph Gonzalez v. State

(notice of appeal not yet processed); Trial Court Cause Number 

73,960, 426th District Court, Bell County, Texas. (e.g., motion 

for new trial, request records, telephone conference with client) 

(Work performed November 19, 2015).

9. Brief was due in Stanley Abney v. State, 03-15-00421-CR on 

November 23, 2015, until extension granted.

10. Brief was due in Darrell Wayne Love v. State, 03-15-00462-CR

on November 23, 2015, until extension granted.
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 6

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

11. Deadline to file a reply brief in Jonathan Lee Fehr v. State, 03-

15-00231-CR is December 1, 2015.

12. Brief due in Michael Warren v. Krystal Charlene Ulatoski, 03-

15-00380-CV, on December 3, 2015.

13. Brief due in Fernando Smith v. State, Cause No. 10-15-00263-

CR on December 7, 2015.

14. Presented CLE to the Williamson County Bar Association on 

November 10, 2015 at the Georgetown Country Club. 

Preparation included November 6, 2015, November 9, 2015 and 

the morning of November 10, 2015. 

15. Time which will be lost for the Thanksgiving Holidays 

(November 26, 2015; November 27, 2015) as well as Christmas 

and New Year’s. 

16. Attended part of Fall Bench/Bar CLE on October 22, 2015.

17. 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/research) 

(performed variously over the course of the last month).
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 7

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

IV.

One previous extension has been requested and granted in this matter.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to 

extend his time for filing his brief to sixty-five (65) 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 Second 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 November 25, 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:

Gary W. Bunyard

Llano County Assistant District Attorney

P.O. Box 725

Llano, Texas 78639

Telephone: (325) 247-5755

Fax: (325) 247-5274

Email: g.bunyard@co.llano.tx.us

VIA ESERVICE

Attorneys for State of Texas

/s/ Justin Bradford Smith

Justin Bradford Smith