Ryan Victor Molnoskey v. State ( 2015 )


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  •                                                                                                ACCEPTED
    14-14-00585-CR
    FOURTEENTH COURT OF APPEALS
    HOUSTON, TEXAS
    3/6/2015 1:26:45 PM
    CHRISTOPHER PRINE
    CLERK
    Nos. 14-14-00585-CR,
    14-14-00586-CR &                          FILED IN
    14th COURT OF APPEALS
    14-14-00587-CR                       HOUSTON, TEXAS
    3/6/2015 1:26:45 PM
    RYAN VICTOR MOLNOSKEY                    §       IN THE      CHRISTOPHER
    COURT OF APPEALS   A. PRINE
    Clerk
    §
    V.                                       §           14TH JUDICIAL DISTRICT
    §
    THE STATE OF TEXAS                       §               AT HOUSTON, TEXAS
    APPELLEE’S MOTION TO EXTEND TIME TO FILE THE BRIEF
    TO THE HONORABLE COURT OF APPEALS:
    Appellee asks the Court to extend the time to file its brief.
    Introduction
    1.     Appellant is Joseph Ryan Victor Molnoskey; the Appellee is
    the State of Texas. No rule provides a deadline to file this motion to extend. See
    TEX. R. APP. P. 38.6(d). The Appellant is unopposed to this motion.
    Argument and Authorities
    2.     The Court has the authority under Texas Rule of Appellate
    Procedure 38.6(d) to extend the time to file the brief. The Appellant’s brief was
    filed on February 6, 2015. The Appellee’s brief is due on March 6, 2015.
    3.     Appellee requests 30 days to file its brief, extending the time
    until April 10, 2015. No prior extension has been granted to extend the time to file
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    the Appellee’s brief. Appellee needs additional time to file its brief because the
    undersigned counsel has been consumed with two other appellate briefs—both
    homicides—that required an extensive amount of briefing and record review.
    Counsel has also had to prepare for several trial settings in the intervening period,
    which made finishing this brief difficult. Further, although a 30-day extension is
    requested, counsel will turn the brief in before that time, if possible.
    Prayer
    4.     For these reasons, the Appellee asks the Court to grant an
    extension of time to file its brief until April 10, 2015.
    Respectfully submitted,
    /s/ Trey D. Picard
    _____________________________________
    Trey D. Picard
    State Bar No. 24027742
    Assistant Criminal District Attorney
    111 East Locust St., Suite 408A
    Angleton, Texas 77515
    (979) 864-1233
    (979) 864-1712 Fax
    treyp@brazoria-county.com
    ATTORNEY FOR THE APPELLEE,
    THE STATE OF TEXAS
    2
    CERTIFICATE OF CONFERENCE
    As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify
    that I have conferred, or made a reasonable attempt to confer, with all other parties,
    which are listed below, about the merits of this motion with the following results:
    Joseph Kyle Verret                       opposes motion
    State Bar No. 24049432                    does not oppose motion
    Attorney at Law
    11200 Broadway, Suite 2743               agrees with motion
    Pearland, Texas 77584                    would not say whether
    (281) 764-7071                            motion is opposed
    (281) 764-7011 – Fax
         did not return my message
    kyle@verretlaw.com
    regarding the motion
    Attorney for the Appellant
    /s/ Trey D. Picard
    ______________________________
    Trey D. Picard
    Assistant Criminal District Attorney
    3
    CERTIFICATE OF RULE 9.4 COMPLIANCE
    I certify that this electronically filed document complies with Rule 9.4
    of the Texas Rules of Appellate Procedure and that the number of words is: 546.
    /s/ Trey D. Picard
    _____________________________
    Trey D. Picard
    Assistant Criminal District Attorney
    CERTIFICATE OF SERVICE
    As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d),
    (e), I certify that I have served this document on all other parties, which are listed
    below, on March 6, 2015:
    Joseph Kyle Verret                      By:
    State Bar No. 24049432                            personal delivery
    Attorney at Law
    11200 Broadway, Suite 2743                        mail
    Pearland, Texas 77584                             commercial delivery
    (281) 764-7071
     electronic delivery / fax
    (281) 764-7011 – Fax
    kyle@verretlaw.com
    Attorney for the Appellant
    /s/ Trey D. Picard
    ______________________________
    Trey D. Picard
    Assistant Criminal District Attorney
    4
    

Document Info

Docket Number: 14-14-00587-CR

Filed Date: 3/6/2015

Precedential Status: Precedential

Modified Date: 9/29/2016