Narrative Opinion Summary
Gerald E. Bourque, appointed capital appellate counsel for Rogelio Aviles-Barroso, filed a motion for an extension of time to submit a petition for discretionary review (PDR) following the affirmation of Mr. Barroso's capital murder conviction by the Fourteenth Court of Appeals on August 27, 2015. The current deadline for the PDR is September 28, 2015. Bourque requests an extension to November 12, 2015, citing the need to adequately prepare for his two upcoming capital murder trials scheduled for October 5 and October 12, 2015, which would hinder his ability to effectively represent Barroso. This request marks the first extension sought by counsel. The motion concludes with a respectful request for the court to grant the extension. Bourque also certifies that he has emailed the motion to the Harris County District Attorney’s Office.
Legal Issues Addressed
Certification of Notice to Opposing Partysubscribe to see similar legal issues
Application: Bourque certifies that he has notified the opposing party, the Harris County District Attorney’s Office, about the motion for an extension.
Reasoning: Bourque also certifies that he has emailed the motion to the Harris County District Attorney’s Office.
Conflict of Schedule as Justification for Extensionsubscribe to see similar legal issues
Application: The need for additional time is based on Bourque's commitment to adequately prepare for two upcoming capital murder trials, which conflicts with the current PDR deadline.
Reasoning: Bourque requests an extension to November 12, 2015, citing the need to adequately prepare for his two upcoming capital murder trials scheduled for October 5 and October 12, 2015, which would hinder his ability to effectively represent Barroso.
Motion for Extension of Timesubscribe to see similar legal issues
Application: Bourque, the appointed capital appellate counsel, seeks an extension to file a petition for discretionary review due to scheduling conflicts with other trials.
Reasoning: Gerald E. Bourque, appointed capital appellate counsel for Rogelio Aviles-Barroso, filed a motion for an extension of time to submit a petition for discretionary review (PDR) following the affirmation of Mr. Barroso's capital murder conviction by the Fourteenth Court of Appeals on August 27, 2015.