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State v. Robert Simpson

Citation: Not availableDocket: 03-15-00499-CR

Court: Court of Appeals of Texas; December 17, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellee Robert Simpson's brief on appeal was initially due on September 28, 2015, but the deadline was extended to December 15 upon counsel's motions. A fourth motion for a further thirty-day extension has been granted, establishing a new deadline of January 14, 2016, for filing the brief. The court warns that no further extensions will be allowed, and noncompliance will lead to the case being referred to the trial court for a hearing according to Rule 38.8(b) of the Texas Rules of Appellate Procedure. This order was issued on December 18, 2015, by Justices Puryear, Goodwin, and Bourland.

Legal Issues Addressed

Consequences of Noncompliance with Filing Deadlines

Application: The court explicitly warned that further noncompliance would result in referral to a lower court for hearing as per procedural rules.

Reasoning: The court warns that no further extensions will be allowed, and noncompliance will lead to the case being referred to the trial court for a hearing according to Rule 38.8(b) of the Texas Rules of Appellate Procedure.

Extensions of Time for Filing Briefs

Application: The court granted multiple extensions for filing the appellee's brief, emphasizing the court's discretion under procedural rules.

Reasoning: A fourth motion for a further thirty-day extension has been granted, establishing a new deadline of January 14, 2016, for filing the brief.

Judicial Discretion in Granting Extensions

Application: The judges exercised their discretion in granting extensions but set a firm final deadline to ensure procedural compliance.

Reasoning: This order was issued on December 18, 2015, by Justices Puryear, Goodwin, and Bourland.