Narrative Opinion Summary
In this appellate proceeding, the appellant, who is contesting a decision by the State of Texas, has persistently failed to meet the deadlines for filing his appellate brief. Originally due on September 19, 2008, the brief was not filed, prompting a notice of late brief and subsequent abatement. The trial court appointed new counsel for the appellant, leading to the reinstatement of the case on December 17, 2008. Despite these efforts, the appellant requested multiple extensions, which the court has reluctantly granted, setting the latest deadline to August 3, 2009. The repeated extensions have drawn a stern warning from the court, indicating that no further delays will be tolerated, and failure to comply could result in another abatement to assess the appellant's intentions and the status of his representation. The court's order, issued on July 10, 2009, emphasizes the necessity of adhering to procedural timelines to avoid further complications in the appellate process. This order is deemed not for publication, highlighting its procedural rather than precedential nature.
Legal Issues Addressed
Abatement and Remand for Appointment of New Counselsubscribe to see similar legal issues
Application: Due to the appellant's failure to file a brief, the case was abated and remanded for the appointment of new legal counsel, which subsequently led to the case's reinstatement.
Reasoning: The case was subsequently abated and remanded to the trial court, where new counsel was appointed for him. The case was reinstated on December 17, 2008.
Consequences of Non-Compliance with Filing Deadlinessubscribe to see similar legal issues
Application: The court warned that failure to meet the extended deadline could result in further abatement to determine the appellant's intentions and the status of legal representation.
Reasoning: The court cautioned that no further extensions will be allowed, and failure to file the brief could lead to the case being abated again to determine Raines's intentions regarding the appeal and whether his appointed attorney has abandoned the case.
Motion for Extension of Time in Appellate Proceedingssubscribe to see similar legal issues
Application: The appellant, having missed multiple deadlines, submitted a fifth motion for an extension, which the court granted with a stern warning against any further delays.
Reasoning: Dalawrence Jarobert Raines has submitted a fifth Motion for Extension of Time to File Brief in his appeal against the State of Texas.