Narrative Opinion Summary
This appellate case involves the appellant's third request to extend the deadline for filing his brief in an appeal against the State of Texas. Initially, the deadline was set for November 28, 2012, but the appellant had already obtained two extensions, moving the deadline to March 15, 2013. Despite these extensions, the appellant's brief was not filed, prompting the court to deny the third extension request due to a lack of extraordinary circumstances. The court had previously warned that further delays would not be tolerated and outlined the potential repercussions, including a hearing to determine the appellant's commitment to pursuing the appeal and his indigency status. The appellant's counsel was ordered to file the brief by April 8, 2013, or submit a response explaining the failure to meet the deadline. The court emphasized that non-compliance would lead to a hearing under Texas Rule of Appellate Procedure 38.8(b) to address the issues. The decision, signed by Justice Michael Massengale, underscores the court's firm stance on procedural compliance in appellate matters.
Legal Issues Addressed
Consequences for Failure to File Appellant Briefsubscribe to see similar legal issues
Application: The court outlines the potential consequences for failing to file the appellant brief by the deadline, including a possible hearing to assess the appellant's intention to continue the appeal.
Reasoning: The court had warned that no further extensions would be granted and that failure to file the brief by the stipulated date could result in a hearing to assess the appellant's desire to continue the appeal, his indigency status, and the reasons for not filing the brief.
Extensions for Filing Appellate Briefssubscribe to see similar legal issues
Application: The court examines the appellant's request for a third extension to file an appellate brief and denies it due to a lack of extraordinary circumstances.
Reasoning: The court found that the third motion did not present extraordinary circumstances warranting further delay.
Procedural Requirements under Texas Rule of Appellate Procedure 38.8(b)subscribe to see similar legal issues
Application: If the appellant's counsel fails to file the brief by the new deadline, the trial court is directed to conduct a hearing as per Texas Rule of Appellate Procedure 38.8(b).
Reasoning: A failure to comply by that date would result in the trial court being directed to conduct the hearing outlined in Texas Rule of Appellate Procedure 38.8(b).