Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/10/2015 2:04:21 PM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 11/10/2015 2:04:21 PM JEFFREY D. KYLE 03-14-00605-CR AUSTIN, TEXAS *1 ACCEPTED ^[7766292] CLERK CAUSE No. 03-14-00605-CR IN THE COURT OF APPEALS FOR THE THIRD COURT OF APPEALS DISTRICT AUSTIN, TEXAS HOW ARD THOMAS DOUGLAS, Appellant, VS.

THE STATE OF TEXAS, Appellee. On appeal from Cause No. D-1-DC-12-900059,

in the 331 st Judicial District Court, Travis County, Texas EMERGENCY MOTION TO WITHDRAW AS COUNSEL FOR

APPELLANT TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Craig M. Price, counsel for Appellant Howard Thomas

Douglas, and files this his Emergency Motion to Withdraw As Counsel For

AppeHant, and respectfully shows this Court the following:

I. STATUS OF APPELLATE SCHEDULE 1. Movant is attorney of record for Appellant Howard Thomas Douglas, and

was retained to represent Appellant at trial and on appeal.

2. Movant perfected the appeal, filed Appellant's Brief and filed

Appellant's Reply Brief in response to the Appellee's Brief filed by the

State.

COUNSEL'S EMERGENCY MOTION TO WlTHDRA W PAGE 1

3. All briefs have been timely filed, and this matter has been submitted and

is ready for disposition on the briefs. Therefore, the paiiies are simply

awaiting a judgment and opinion from the Comi of Appeals.

II. MOV ANT SEEKS TO WITHDRAW TO A VOID FINANCIAL HARDSHIP 4. Movant seeks to withdraw from his representation of Appellant in order

to avoid a financial hardship.

5. Movant has recently accepted a position to work with the Grayson

County District Atton1ey's Office and will commence work at the

District Attorney's Office on November 19, 2015. Movant is a single

father with primary custody of four minor children, and Movant is the

sole source of income for Movant and his four minor children. Movant's

cunent employment is not sufficient to provide Movant and his

dependents with the steady financial security necessary for a family of its

size. If Movant is not allowed to withdraw from representation of

Appellant in this matter, Movant most likely will have to forfeit his new

position with the Grayson County District Atton1ey's Office, which will

impose an extreme financial hardship on Movant and his dependents.

6. Conversely, withdrawal can be accomplished without material adverse

effect on the interests of the client. The only obligation remaining for

COUNSEL'S EMERGENCY MOTION TO WITHDRAW

Appellant's counsel, should a judgment be rendered that is adverse to

Appellant, is to comply with Tex. R. App. P. 48.4, by sending notice of

the judgment and opinion to Appellant and apprising him of his right to

file a pro se petition for discretionary review under Tex. R. App. P. 68

with the Texas Comi of Criminal Appeals.

7. Movant and Appellant entered into a written fee agreement regarding the

trial and the appeal of this matter, but Appellant has not paid the entirety

of the fee agreement. If Appellant is not able to retain an attorney to

represent him during the sho1i remainder of this matter, it is reasonable to

assume that this Court could remand the matter of whether Appellant is

indigent to the trial comi for a detennination of whether Appellant is

entitled to a court-appointed attorney, and any expense to Travis County,

Texas - given the status of the case at this time - would be minimal.

8. This withdrawal is not sought for the purposes of delay, but so that

justice can be done.

9. The last known adldliress foir Howairdl Thomas Dougllas rn 5729

Lebanon Road!, suite 144-155, Frisco, Texas 75034.

10. There currently are NO PENDING DEADLINES in this matter.

11. A copy of this motion has been delivered to Appellant Howard Thomas

Douglas at his last known address, and Appellant was thereby notified in

writing of his right to object to this motion.

COUNSEL'S EMERGENCY MOTION TO WITHDRAW

III. MOV ANT SEEKS EMERGENCY RELIEF 12. Movant respectfully moves this Comi to treat this Motion to Withdraw

as an Emergency Motion to Withdraw, as permitted by Tex. R. App. P.

10.3(a)(3), and dispense with the ten (l 0) day waiting period typically

accorded motions before the Comi of Appeals. See Tex. R. App. P.

10.3(a).

13. Movant submits that this matter constitutes an emergency because

Movant is scheduled to begin his new employment with the Grayson

County District Attorney's Office on November 19, 2015, and, unless

this Court designates this matter as an emergency and rules before the

expiration of ten days after the motion was filed, it is highly likely that no

decision will be reached before November 19, 2015, and Movant very

well may have to forfeit his new position with the District Attorney's

Office, thereby causing Movant to suffer extreme financial hardship.

14. Based on the foregoing, Movant respectfully moves this Court to treat

this matter as an emergency motion to withdraw, to forego the ten-day

waiting period before ruling and to rule as soon as possible but at least

before November 19, 2015.

COUNSEL'S EMERGENCY MOTION TO WITHDRAW

IV. PRAYER WHEREFORE, PREMISES CONSIDERED, Movant Craig M. Price

respectfully moves this Court to grant Movant's emergency motion to withdraw as

counsel for Appellant without waiting ten (10) days for either Appellant or the State

to file a response, and to grant Movant's motion to withdraw as counsel for

Appellant. Movant further seeks such other relief to which he may be entitled, at

law or in equity.

Respectfully submitted, /S/ Craig M. Price Craig M. Price State Bar No. 16284170 cmp@hammerle.com Hammerle Finley Law Fi1111 2871 Lake Vista Dr., Suite 150 Lewisville, Texas 75067 Tel: (972) 436-9300 Fax: (972) 436-9000 Atto111ey for Appellant NOTICE TO CLIENT This is to notify you that this Motion for Withdrawal of Counsel may be set

for hearing at the time and place stated at a later date. You do not have to agree to

this motion and if you contest the withdrawal of Craig M. Price as attorney in this

cause, you should either appear at the hearing or object in writing. If you do not

oppose Craig M. Price's withdrawal as attorney of record in this case, you may

appear in court, in writing, and infonn the judge that you agree with this Motion.

/S/ Craig M. Price

Craig M. Price

COUNSEL'S EMERGENCY MOTION TO WITHDRAW PAGES

CERTIFICATE OF CONFERENCE I certify that Movant attempted to confer with counsel for the State of Texas,

on November 6, 2015, via e-mail, regarding the merits of this Motion, but was

unable to confer with the State.

I certify that Movant attempted to confer with Appellant via telephone on

November 5 and November 6, 2015, by telephone, but was unable to confer with

Appellant regarding the merits of this Motion.

IS/ Craig M. Price Craig M. Price VERIFICATION STATE OF TEXAS §

§ COUNTY OF DENTON §

BEFORE ME, the undersigned Notary Public, on this day personally

appeared CRAIG M. PRICE, who being by me duly sworn on his oath deposed

and said that he is the Attorney for Howard Thomas Douglas, in the above entitled

and numbered cause; that he has read the above and foregoing motion, and that

every statement contained therein is within his personal la1owledge and is true and

c01Tect.

Craigc:.eric: L SUBSCRIBED AND SWORN TO BEFORE ME on the 6th day of November,

2015, to certify which witness my hand and official seal.

~iioolth~h» .ildhhJ_,. J 0 YLA-- Notary Public, State of Texas COUNSEL'S EMERGENCY MOTION TO WITHDRAW

CERTIFICATE OF SERVICE This is to ce1iify that on November 6, 2015, a true and correct copy of the

above and foregoing document was served on the District Att0111ey's Office, Travis

County, PO Box 1748, Austin, Texas 78767, bye-service, and on Appellant, via e

mail at his personal e-mail address.

IS/ Craig M. Price Craig M. Price COUNSEL'S EMERGENCY MOTION TO WITHDRAW