Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Carlos Cardenas Hernandez v. State
Citation: Not availableDocket: 01-12-00165-CR
Court: Court of Appeals of Texas; March 29, 2013; Texas; State Appellate Court
Original Court Document: View Document
In the appellate case of Carlos Cardenas Hernandez v. The State of Texas, the Court of Appeals for the First District of Texas at Houston ruled on the appellant's third motion to extend time for filing the appellant’s brief. The original deadline for the brief was November 28, 2012. The appellant had previously received two extensions: one granting an additional two months to January 28, 2013, and a second to March 15, 2013, totaling 107 days of extensions. 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. As the brief was not filed by the deadline, the clerk sent a notice prompting the third extension request. However, the court found that the third motion did not present extraordinary circumstances warranting further delay. Consequently, appellant's counsel, Calvin Garvie, was ordered to file the brief by April 8, 2013. If this was unfeasible, he was required to submit a response explaining the failure to file. 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). The court ordered that a copy of this order be sent to the trial court. The order was signed by Justice Michael Massengale on March 29, 2013.