Case Information
*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 8/5/2015 3:16:52 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-15-00091-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 8/5/2015 3:16:52 PM CATHY LUSK CAUSE NO. 12-15-00091-CR CLERK CHRISTOPHER L. McLEMORE § IN THE
§ VS. § TWELFTH COURT
§ THE STATE OF TEXAS § OF APPEALS
MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Appellant in the above styled and numbered cause, and moves this
Court to grant an extension of time to file appellant's brief, pursuant to Rule 38.6 of
the Texas Rules of Appellate Procedure, and for good cause shows the following: This case is on appeal from the 114 TH Judicial District Court of Smith County,
1.
Texas.
2. The case below was styled State of Texas v. Christopher L. McLemore and
numbered 114-0656-14.
3. Appellant was convicted of Aggravated Assault with a Deadly Weapon.
Appellant was assessed a sentence of twelve (12) years confinement in TDCJ-ID.
5. Notice of Appeal was given on April 15, 2015.
6. The Clerk's Record was filed on May 5, 2015 and supplemented on May 12,
2015; the Reporter's Record was filed on May 18, 2015 and supplemented on
July 6, 2015.
7. The Appellant’s Brief is due on August 5, 2015. Counsel requests the Court an
extension of thirty (30) days due to the number of briefs with deadlines. Appellant requests an extension of time due to the following facts and
Since the Reporter’s Record in this case was completed, Counsel has filed: Donald Powell v. State of Texas,
14-00355-CR on July 6, 2015; Appellant’s Petition for Discretionary Review in Fatima Rahman v. State
*2 of Texas, cause number PD-0724-15 on July 13, 2015;
C. A subsequent writ of habeas corpus in Ex parte Clifton Williams, cause
number WR-71,296-02 with the Court of Criminal Appeals on July 15,
2015;
D. Appellant’s Brief in Ricky Harris v. State of Texas, cause number 12-15-
00104-CR on July 20, 2015; and
E. Appellant’s Brief in Oscar Perkins v. State of Texas,
15-00001-CR on July 22, 2015. Counsel has appeared in numerous hearings in state and federal court over the
last thirty days, including hearings in the Eastern District of Texas - Tyler
Division, and hearings in Smith and Van Zandt Counties.
10. Lastly, Appellant’s Counsel has the following briefs pending: Appellant’s Brief in Joe Pittman v. State of Texas , cause number 12-15-
00009-15 on August 12, 2015; Appellant’s Brief in John T. Congleton v. State of Texas, cause number
12-15-00124-CR on August 19, 2015;
C. Appellant’s Brief in Charlie Joseph Motes v. State of Texas, cause
number 12-15-00111-CR on August 24, 2015;
D. Appellant’s Brief in Harold Bass, Jr. v. State of Texas , cause number 12-
15-00071-CR on August 31, 2015;
E. Appellant’s Brief in Brittany Michelle Barrett v. State of Texas, cause
numbers 12-15-00145-CR, 12-15-00146-CR, and 12-15-00147-CR upon
completion of the Reporter’s Record;
F. Appellant’s Brief in Gaylord Stevens v. State of Texas, cause numbers
12-15-00162-CR, 12-15-00163-CR and 12-15-00164-CR upon the
completion of the Reporter’s Record;
G. Sidney Lynch v. State of Texas, cause number 12-15-
00167-15 upon the completion of the Reporter’s Record; and
H. Hubert Benjamin v. State of Texas , cause number
12-15-00172-CR upon the completion of the Reporter’s Record.
Counsel is also on the planning committee for, and attended the State Bar of
Texas Advanced Criminal Law Course in San Antonio on July 27th through
30th, 2015 and the moderator for the half day panel on July 30th.
11. Appellant requests an extension of time due to the above referenced facts and
12. Appellant prays that this Court grant this Motion to Extend Time to File
Appellant’s Brief for a period of thirty (30) days, and for such other and further
relief as the Court may deem appropriate.
Respectfully submitted, Law Office of James W. Huggler, Jr. 100 E. Ferguson, Suite 805 Tyler, Texas 75702 Tel: (903) 593-2400 Fax: (903) 593-3830 Jhugglerlaw@sbcglobal.net By: /S/ James W. Huggler, Jr. James W. Huggler, Jr. State Bar No. 00795437 Attorney for APPELLANT CERTIFICATE OF SERVICE This is to certify that on August 5, 2015, a true and correct copy of the above and
foregoing document was served on Mike West, Smith County District Attorney’s Office,
100 North Broadway Ave., 4 th Floor, Smith County Courthouse, Tyler, Texas 75702,
by regular mail, fax, hand delivery, or electronic filing.
/S/ James W. Huggler, Jr. James W. Huggler, Jr.