Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 3/23/2015 12:23:57 PM JEFFREY D. KYLE Clerk NO. 03-14-00577-CR THIRD COURT OF APPEALS 3/23/2015 12:23:57 PM JEFFREY D. KYLE 03-14-00577-CR AUSTIN, TEXAS *1 ACCEPTED [4599065] CLERK IN THE COURT OF APPEALS FOR THE THIRD COURT OF APPEALS DISTRICT AUSTIN, TEXAS Nicole Dawn Holland v.
The State of Texas APPELLANT’S FIRST UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE BRIEF OF APPELLANT TO THE HONORABLE COURT OF APPEALS:
Appellant, Nicole Dawn Holland, respectfully presents this first motion to
extend time to file her brief pursuant to T EX . R. A PP . P. 10.5(b) and 38.6(d). In
support of her motion, Appellant would show the Court as follows:
I.
Appellant’s brief is due March 23, 2015.
II.
Appellant requests additional time to complete the brief. This extension is
necessary because the following matters have prevented undersigned counsel from
completing the brief:
1. Undersigned counsel has been diligently working but has been unable,
despite his diligence and best efforts, to complete the brief by the
deadline.
2. Undersigned counsel is requesting the court to extend the deadline in
this case to June 26, 2015.
3. Undersigned counsel, a solo practitioner without staff, is appointed to
represent Appellant.
4. Undersigned counsel’s wife was hospitalized in serious condition for
approximately three weeks during the month of February. Counsel’s
sole responsibilities involving the care and medical decisions for his
wife prevented him from working on the brief during this time.
Additionally, there has been a death in counsel’s family in late
February. These matters, in addition to counsel’s other
responsibilities, as set out in this motion, have prevented him from
completing the brief by the deadline.
5. Undersigned counsel has numerous appointed trial and appellate cases
which have prevented him from working on the brief in this case.
These cases include the following: The State of Texas vs. Jeffery B.
Dollar, Cause No. 41727, 424 Judicial District of Burnet County,
Texas; The State of Texas vs. Jeffery B. Dollar, Cause No. 41220,
424 th Judicial District of Burnet County, Texas; The State of Texas vs.
Jeffery B. Dollar, Cause No. 41715, 424 th Judicial District of Burnet
County, Texas (six additional cases have been subsequently filed
against this defendant); The State of Texas vs. Jarred R. Reyna, Cause
No. D1-DC-13-202990, 167 th Judicial District of Travis County,
Texas (retained felony); State of Texas v. M.F , A Juvenile, Cause No.
JV-00098; In The 33 rd District Court of Blanco County Sitting As A
Juvenile Court (jury trial set for 1/26/2015); State of Texas v. Timothy
Simon , Cause No. 42908, In The 424 th District Court of Burnet
County, Texas (complex aggravated sexual assault cases with
extensive discovery/experts); State of Texas v. Keith Posey , Cause No.
6893, In The 33 rd District Court of Llano County, Texas (retained
felony DWI); State of Texas v. Franklin Ray Greenwood, Jr. , Cause
No. 40369, In The 33 rd District Court of Burnet County, Texas (Agg.
Assault w/Deadly Weapon/bail jumping—on jury track); State of
Texas v. Brian K. Wilson , Cause No. CR-6837, In The 424 th District
Court of Llano County, Texas; Jane Allison Hilton , Cause No. CR-
01195, In The 424 th District Court of Blanco County, Texas; State of
Texas v. Evelyn Clark , Cause No. 43660 33 rd District Court of Burnet
County, Texas; State of Texas v. Jason Moncovich , Un-Indicted, In
The 33 rd District Court of Burnet County, Texas; State of Texas v.
Harold Fisher , Un-Indicted, In The 424 District Court of Blanco
County, Texas (retained felony).
6. Additionally, undersigned counsel has recently completed, or is
currently working on, appellate briefs in the following appointed
criminal cases: Saul Salinas v. The State of Texas, Cause No. 03-12-
00117-CR, In The Third Court of Appeals—Austin (brief filed
October 21, 2014); City of Bertram v. Vicki Reinhardt , Cause No. 03-
14-00296-CV, In The Third Court of Appeals—Austin (brief filed
9/8/2014)(retained civil whistleblower case); Tommy Lane Waddell v.
The State of Texas , Cause No. 13-13-00611-CR, In The Thirteenth
Court of Appeals—Corpus Christi/Edinburg (brief filed 9/22/2014);
Kevin Hardin v. State of Texas , Cause No. 03-14-00236-CR, Court of
Appeals—Austin (brief filed January 5, 2015); Terry Stevens v. The
State of Texas , Cause No. 03-14-00483-CR, In The Third Court of
Appeals—Austin (brief due April 28, 2015); Brian Taylor v. The State
of Texas , Cause No. 03-14-00173-CR, In The Third Court of
Appeals—Austin (brief filed March 22, 2015).
For these reasons, the undersigned will not be able to complete the
Appellant’s brief by its current due date and respectfully requests that the deadline
for Appellant’s brief be extended approximately 90 days days (to June 26, 2015).
This extension is not sought only for delay, but so that justice can be done.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully
requests that the Court grant this motion for extension of time in which to file her
brief and that the Court grant such other and further relief to which Appellant may
show herself to be justly and equitably entitled.
Respectfully submitted, /s/ Tracy D. Cluck ___________________________ TRACY D. CLUCK Texas Bar No. 00787254 1450 West Hwy. 290, #855 Dripping Springs, Texas 78620 Telephone: (512) 264-999 E-Fax: (509) 355-1867 tracy@tracyclucklawyer.com ATTORNEY FOR APPELLANT NICOLE DAWN HOLLAND CERTIFICATE OF CONFERENCE I hereby certify that Counsel for Appellant has conferred by e-mail
with Gary Bunyard, Assistant District Attorney, who states that he is not opposed
to this motion. This motion is being presented for the court’s consideration.
/s/ Tracy D. Cluck TRACY D. CLUCK *6 CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing document has
been served on the following counsel of record on March 23, 2015:
VIA E-MAIL AND E-SERVE:
Gary Bunyard
gary.bunyard@co.llano.tx.us
Assistant District Attorney
33 rd & 424 Judicial Districts
Attorney for Appellee
The State of Texas
/s/ Tracy D. Cluck TRACY D. CLUCK