SIXTH COURT OF APPEALS 

06-15-00024-CR 

Rodney Boyett, Appellant 

v. 

State of Texas, Appellee 

On Appeal from the 6th Judicial District Court 

Lamar County, Texas 

Cause Number 25506 

Motion to Extend Time to File 

Appellant’s Brief 

 

Michael Mowla 

445 E. FM 1382 No. 3-718 

Cedar Hill, Texas 75104 

Phone: 972-795-2401 

Fax: 972-692-6636 

michael@mowlalaw.com 

Texas Bar No. 24048680 

Attorney for Appellant 

 

 

ACCEPTED

06-15-00024-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

7/27/2015 12:00:00 AM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 7/27/2015 8:14:00 AM DEBBIE AUTREY Clerk
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To the Honorable Justices of the Court of Appeals: 

 Appellant Rodney Boyett moves for an extension of time of 30 days to file 

the Appellant’s Brief [See Tex. Rule App. Proc. 10.5(b) and 38.6(c)]: 

1. This case is on appeal from the 6th Court of Appeals of Lamar County, 

Texas. 

2. The case below is styled the State of Texas v. Rodney Boyett, and is 

numbered 25506. 

3. On February 3, 2015, sentence was imposed in open court. 

4. Appellant was convicted of Conspiracy to Manufacture a Controlled 

Substance. 

5. Appellant is presently on an appeals bond, and was placed on 

community supervision for a period of three years. 

6. The reporter’s record was filed on July 7, 2015. 

7. The clerk’s record was filed on March 31, 2015. 

8. The Appellant’s Brief is due on August 6, 2015. 

9. Appellant requests an extension of time of 30 days from the present 

due date to file the Appellant’s Brief, i.e., until September 5, 2015. 

10. No previous extension to file the Appellant’s Brief has been filed. 

11. Appellant relies on the following facts as good cause for the requested 

extension: Attorney for Appellant just completed a petition for writ of certiorari in 
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the Supreme Court of the United States in Murray v. Texas, 15-67, a brief in the 

Court of Criminal Appeals in State v. Hill III, PD-0019-15, a petition for 

discretionary review in Baker v. State, PD-____-15, and is finalizing a petition for 

writ of certiorari in the Supreme Court of the United States in Hill III v. CHD. 

12. Further, Attorney for Appellant has the following briefs, petitions for 

discretionary review, or other pleadings due soon: 

 Collins v. State, 08-15-00103 (murder case), appellant’s brief due on 

August 10, 2015 in the Eighth Court of Appeals 

 Jackson v. State, 05-15-00414-CR, appellant’s brief due on August 

10, 2015 in the Fifth Court of Appeals 

 Hernandez v. State, 10-14-00302-CR, reply brief due on August 10, 

2015 in the Tenth Court of Appeals 

 Zimmerman v. Harris, 15-50424, appellant’s brief due on August 20, 

2015 in the Fifth Circuit 

 Burks v. Price, 15-40799, appellant’s brief (will be due) on September 

9, 2015 in the Fifth Circuit 

13. In addition, Attorney for Appellant continues work on a federal

habeas corpus death penalty case, Jones v. Stephens, 4:05-CV-638-Y. 

14. Further, Attorney for Appellant also continues work on a state habeas 

corpus death penalty case, Ex parte Thomas, F86-85539, in the 194th Judicial 

District Court. This case is in its investigation stage and requires considerable 

amount of time. 
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15. Finally, Attorney for Appellant continues work on several habeas 

cases involving the underlying issue in Miller v. Alabama, 132 S.Ct. 2455 (2012). 

16. Attorney for Appellant has a responsibility to provide Appellant with 

the effective assistance of appellate counsel, see Evitts v. Lucey, 469 U.S. 387, 392 

(1985), and Attorney for Appellant believes that that the additional time is 

necessary to provide such effective appellate counsel. 

17. Attorney for Appellant thus requests the extension so that he may 

properly prepare the Appellant’s Brief in accordance with Attorney for Appellant’s 

standards and to provide Appellant the effective assistance of appellate counsel. 

18. This Motion is not filed for purposes of delay, but so that justice may 

be served. 

Prayer 

Appellant prays that this motion for extension of time to file the Appellant’s 

Brief be granted. 

 Respectfully submitted, 

Michael Mowla 

445 E. FM 1382 No. 3-718 

Cedar Hill, Texas 75104 

Phone: 972-795-2401 

Fax: 972-692-6636 

Email: michael@mowlalaw.com

Texas Bar No. 24048680 

Attorney for Appellant 
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/s/ Michael Mowla 

Michael Mowla 

Certificate of Service 

This certifies that on July 26, 2015, a true and correct copy of this document 

was served on Gary Young of the District Attorney’s Office, Lamar County, by 

email to gyoung@co.lamar.tx.us. 

 /s/ Michael Mowla 

Michael Mowla