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Daniel, Brandon

Citation: Not availableDocket: AP-77,034

Court: Court of Appeals of Texas; June 22, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The State of Texas has filed a motion for a 30-day extension to submit its brief in the appeal of Brandon Daniel, who was convicted of Capital Murder and sentenced to death on February 28, 2014. The current deadline for the State's brief is June 19, 2015. The motion cites that the attorney assigned to the case has been occupied with other appellate matters, including preparations for another capital murder retrial and another pending case, which hindered the timely preparation of the brief. The State emphasizes that the request for an extension is not intended to delay proceedings but to ensure a thorough and adequate brief is submitted for the Court’s consideration. The new requested deadline for filing the brief is July 20, 2015. The motion includes a certificate of compliance confirming it contains 309 words and a certificate of service indicating that copies of the motion were distributed to relevant parties, including the appellant's attorney and the State Prosecuting Attorney.

Legal Issues Addressed

Compliance and Service Requirements

Application: The motion includes a certificate of compliance with word count and a certificate of service, ensuring all relevant parties, including the appellant's attorney and the State Prosecuting Attorney, received copies.

Reasoning: The motion includes a certificate of compliance confirming it contains 309 words and a certificate of service indicating that copies of the motion were distributed to relevant parties, including the appellant's attorney and the State Prosecuting Attorney.

Intent of Motion

Application: The State clarified that the request for an extension is not intended to delay the proceedings but to ensure the submission of a comprehensive and adequate brief.

Reasoning: The State emphasizes that the request for an extension is not intended to delay proceedings but to ensure a thorough and adequate brief is submitted for the Court’s consideration.

Justification for Extension

Application: The motion for an extension is justified by the attorney's involvement in other appellate matters, specifically preparations for another capital murder retrial and another pending case.

Reasoning: The motion cites that the attorney assigned to the case has been occupied with other appellate matters, including preparations for another capital murder retrial and another pending case, which hindered the timely preparation of the brief.

Motion for Extension of Time

Application: The State of Texas filed a motion requesting a 30-day extension to submit its brief in a capital murder appeal case due to scheduling conflicts of the assigned attorney.

Reasoning: The State of Texas has filed a motion for a 30-day extension to submit its brief in the appeal of Brandon Daniel, who was convicted of Capital Murder and sentenced to death on February 28, 2014.