Case Information

*1 PD-0597-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 10/6/2015 11:32:10 AM Accepted 10/6/2015 12:37:09 PM ABEL ACOSTA COURT OF CRIMINAL APPEALS CLERK PD-0597-15

Bernard Winfield Shortt, Appellant, v.

State of Texas, Appellee. On Discretionary Review from No. 05-13-01639-CR Fifth Court of Appeals

On Appeal from No. F07-00193 194th Judicial District Court, Dallas County Motion to Extend Time to File Appellant’s Brief

Michael Mowla

P.O. Box 86 8

Attorney for Appellant

To the Honorable Judges of the Court of Criminal Appeals:

Appellant files this motion to extend time to file the Appellant’s Brief: 1. On May 12, 2015, in Shortt v. State , 05-13-01639-CR (Tex. App.

Dallas, May 12, 2015), the Court of Appeals dismissed Appellant’s appeal, claiming lack of jurisdiction.

2. On June 30, 2015, Appellant filed the petition for discretionary review.

3. On September 16, 2015, this Court granted the petition for discretionary review.

4. The Appellant’s Opening Brief is due on October 16, 2015 .

5. For good cause, Appellant asks for an extension of 15 days to file the Appellant’s Brief, i.e., until October 31, 2015 .

No previous extension to file the Appellant’s Brief has been filed. Appellant relies on the following facts as good cause for the requested extension: Attorney for Appellant just completed an appellant’s brief in Gresham v. Fischer , 15-50642, filed in the Fifth Circuit. Further, Attorney for Appellant has the following briefs, petitions for

discretionary review, or other pleadings due soon: Von Tungeln v. State , PD-1016-15, petition for discretionary review

due in the Court of Criminal Appeals, October 8, 2015. *3  Geiger v. State , 08-15-00213, appellant’s brief due in the Eighth Court of Appeals, October 21, 2015

 Brenes v. State , 06-15-00108, appellant’s brief due in the Sixth Court of Appeals, October 30, 2015 Estrada v. Healey , 15-20475, appellant’s brief due in the Fifth Circuit

Court of Appeals, November 2, 2015 In addition, Mowla has been working on two complex death penalty habeas corpus cases - Ex parte Thomas , F86-85539, in the 194 th Judicial District Court, and Green v. Director , 3:15-cv-02197-M-BH, in the Northern District of Texas. Finally, Mowla continues work on several habeas cases involving the

underlying issue in Miller v. Alabama , 132 S.Ct. 2455 (2012). This Motion is not filed for purposes of delay, but so that justice may

be served.

Appellant prays that this Motion for Extension of Time to File Appellant’s Brief be granted.

Respectfully submitted, Michael Mowla

P.O. Box 868

Attorney for Appellant

/s/ Michael Mowla By: Michael Mowla Certificate of Service

This certifies that on October 6, 2015, a copy of this document was served on Lori Ordiway and Lisa Smith of the Dallas County District Attorney’s Office, Appellate Division, 133 N. Riverfront Boulevard, Dallas, Texas 75207 by email to lori.ordiway@dallascounty.org, lisa.smith@dallascounty.org, and DCDAAppeals@dallascounty.org; on Marissa Elmore at marisa.elmore@dallascounty.org; and on Lisa McMinn, the State Prosecuting Attorney, by email to Lisa.McMinn@spa.texas.gov, and John Messinger, Assistant

State Prosecuting Attorney, by email to john.messinger@spa.state.tx.us. See Tex.

Rule App. Proc. 9.5 (2015) and Tex. Rule App. Proc. 68.11 (2015).

/s/ Michael Mowla By: Michael Mowla