Narrative Opinion Summary
The Court of Appeals for the Fifth District of Texas reinstated the appeals of Lakendrick Dumandre Hayden on January 16, 2014. Following the removal of J. Daniel Oliphant as counsel on January 7, 2014, the Court appointed Niles Illich as new counsel. Illich, appointed on January 9, 2014, requested a sixty-day extension to contact Hayden and prepare his brief. The Court granted this request, setting the deadline for the appellant's brief to be filed by March 10, 2014. The Court emphasized that no further extensions would be permitted unless extraordinary circumstances are demonstrated, noting that the appellant's brief was already nearly one year overdue. The Court ordered the trial court to transmit the appointment order for Mr. Illich within fifteen days and directed copies of the order to be sent to relevant parties, including the presiding judge and the district attorney's office.
Legal Issues Addressed
Appointment of New Counselsubscribe to see similar legal issues
Application: Upon removal of the previous counsel, the court appointed a new attorney to represent the appellant.
Reasoning: Following the removal of J. Daniel Oliphant as counsel on January 7, 2014, the Court appointed Niles Illich as new counsel.
Extension of Time to File Briefsubscribe to see similar legal issues
Application: The new counsel was granted a sixty-day extension to contact the appellant and prepare the brief, acknowledging the overdue status of the appellant's brief.
Reasoning: Illich, appointed on January 9, 2014, requested a sixty-day extension to contact Hayden and prepare his brief. The Court granted this request, setting the deadline for the appellant's brief to be filed by March 10, 2014.
Limitations on Extensionssubscribe to see similar legal issues
Application: The court emphasized that no further extensions would be allowed without extraordinary circumstances due to the significant delay.
Reasoning: The Court emphasized that no further extensions would be permitted unless extraordinary circumstances are demonstrated, noting that the appellant's brief was already nearly one year overdue.
Order Transmission and Notificationsubscribe to see similar legal issues
Application: The court ordered the transmission of the appointment order to specific parties and directed copies to be sent to relevant judicial and prosecutorial offices.
Reasoning: The Court ordered the trial court to transmit the appointment order for Mr. Illich within fifteen days and directed copies of the order to be sent to relevant parties, including the presiding judge and the district attorney's office.
Reinstatement of Appealssubscribe to see similar legal issues
Application: The Court of Appeals reinstated the appeals after prior counsel was removed and new counsel was appointed.
Reasoning: The Court of Appeals for the Fifth District of Texas reinstated the appeals of Lakendrick Dumandre Hayden on January 16, 2014.