Narrative Opinion Summary
In this appellate procedure, the State of Texas, serving as the Appellee, requested a 30-day extension to file its brief in response to the appeal filed by Eric Byron Crayton. Crayton was previously convicted of Tampering with Physical Evidence and sentenced to 35 years of confinement. The appeal was filed on February 2, 2015, with the original brief due by May 4, 2015. The necessity for an extension arose due to the State's attorney, Mr. Clayten Hearrell, being occupied with other legal responsibilities, including a juvenile murder trial and a Writ of Mandamus. Additionally, Mr. Hearrell experienced personal challenges, such as illness and bereavement, which further delayed the preparation of the brief. This request marked the third instance for an extension by the Appellee, with assurances that no further extensions would be sought. The extension aims to ensure a comprehensive response to the Appellant’s brief, with a proposed new deadline of June 3, 2015. The motion was formally submitted by Assistant District Attorney Joshua D. Presley, who confirmed that the Appellant’s attorney, Richard E. Wetzel, had been duly notified electronically.
Legal Issues Addressed
Notification and Certification Requirementsubscribe to see similar legal issues
Application: The motion for extension was submitted with certification that a copy was provided to the Appellant’s attorney via electronic means, ensuring proper notification.
Reasoning: The motion is submitted by Assistant District Attorney Joshua D. Presley, who certifies that a copy has been provided to the Appellant’s attorney, Richard E. Wetzel, via electronic means.
Procedural Considerations in Granting Extensionssubscribe to see similar legal issues
Application: The request for an extension is considered based on the attorney's workload and unforeseen personal circumstances, ensuring the extension is necessary for a thorough response.
Reasoning: The State asserts that the extension is necessary to adequately respond to the Appellant’s brief and is not intended to cause delay but to ensure justice.
Request for Extension of Time to File Briefsubscribe to see similar legal issues
Application: The State of Texas requested a 30-day extension to file its brief due to the State’s attorney's commitments to other cases and personal circumstances.
Reasoning: The State of Texas, as Appellee, seeks a 30-day extension to file its brief in the case of Eric Byron Crayton, who was convicted of Tampering with Physical Evidence and sentenced to 35 years of confinement.