Howard Thomas Douglas v. State ( 2015 )

ACCEPTED
03-14-00605-CR
7766292
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/10/2015 2:04:21 PM
JEFFREY D. KYLE
CLERK
CAUSE No. 03-14-00605-CR
IN THE COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
FOR THE THIRD COURT OF APPEALS DISTRICT AUSTIN, TEXAS
AUSTIN, TEXAS 11/10/2015 2:04:21 PM
JEFFREY D. KYLE
Clerk
HOW ARD THOMAS DOUGLAS,
Appellant,
VS.
THE STATE OF TEXAS,
Appellee.
On appeal from Cause No. D-1-DC-12-900059,
in the 331 st Judicial District Court,
Travis County, Texas
EMERGENCY MOTION TO WITHDRAW AS COUNSEL FOR
APPELLANT
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Craig M. Price, counsel for Appellant Howard Thomas
Douglas, and files this his Emergency Motion to Withdraw As Counsel For
AppeHant, and respectfully shows this Court the following:
I.
STATUS OF APPELLATE SCHEDULE
1. Movant is attorney of record for Appellant Howard Thomas Douglas, and
was retained to represent Appellant at trial and on appeal.
2. Movant perfected the appeal, filed Appellant's Brief and filed
Appellant's Reply Brief in response to the Appellee's Brief filed by the
State.
COUNSEL'S EMERGENCY MOTION TO WlTHDRA W PAGE 1
3. All briefs have been timely filed, and this matter has been submitted and
is ready for disposition on the briefs. Therefore, the paiiies are simply
awaiting a judgment and opinion from the Comi of Appeals.
II.
MOV ANT SEEKS TO WITHDRAW
TO A VOID FINANCIAL HARDSHIP
4. Movant seeks to withdraw from his representation of Appellant in order
to avoid a financial hardship.
5. Movant has recently accepted a position to work with the Grayson
County District Atton1ey's Office and will commence work at the
District Attorney's Office on November 19, 2015. Movant is a single
father with primary custody of four minor children, and Movant is the
sole source of income for Movant and his four minor children. Movant's
cunent employment is not sufficient to provide Movant and his
dependents with the steady financial security necessary for a family of its
size. If Movant is not allowed to withdraw from representation of
Appellant in this matter, Movant most likely will have to forfeit his new
position with the Grayson County District Atton1ey's Office, which will
impose an extreme financial hardship on Movant and his dependents.
6. Conversely, withdrawal can be accomplished without material adverse
effect on the interests of the client. The only obligation remaining for
COUNSEL'S EMERGENCY MOTION TO WITHDRAW PAGE2
Appellant's counsel, should a judgment be rendered that is adverse to
Appellant, is to comply with Tex. R. App. P. 48.4, by sending notice of
the judgment and opinion to Appellant and apprising him of his right to
file a pro se petition for discretionary review under Tex. R. App. P. 68
with the Texas Comi of Criminal Appeals.
7. Movant and Appellant entered into a written fee agreement regarding the
trial and the appeal of this matter, but Appellant has not paid the entirety
of the fee agreement. If Appellant is not able to retain an attorney to
represent him during the sho1i remainder of this matter, it is reasonable to
assume that this Court could remand the matter of whether Appellant is
indigent to the trial comi for a detennination of whether Appellant is
entitled to a court-appointed attorney, and any expense to Travis County,
Texas - given the status of the case at this time - would be minimal.
8. This withdrawal is not sought for the purposes of delay, but so that
justice can be done.
9. The last known adldliress foir Howairdl Thomas Dougllas rn 5729
Lebanon Road!, suite 144-155, Frisco, Texas 75034.
10. There currently are NO PENDING DEADLINES in this matter.
11. A copy of this motion has been delivered to Appellant Howard Thomas
Douglas at his last known address, and Appellant was thereby notified in
writing of his right to object to this motion.
COUNSEL'S EMERGENCY MOTION TO WITHDRAW PAGE3
III.
MOVANT SEEKS EMERGENCY RELIEF
12. Movant respectfully moves this Comi to treat this Motion to Withdraw
as an Emergency Motion to Withdraw, as permitted by Tex. R. App. P.
10.3(a)(3), and dispense with the ten (l 0) day waiting period typically
accorded motions before the Comi of Appeals. See Tex. R. App. P.
10.3(a).
13. Movant submits that this matter constitutes an emergency because
Movant is scheduled to begin his new employment with the Grayson
County District Attorney's Office on November 19, 2015, and, unless
this Court designates this matter as an emergency and rules before the
expiration of ten days after the motion was filed, it is highly likely that no
decision will be reached before November 19, 2015, and Movant very
well may have to forfeit his new position with the District Attorney's
Office, thereby causing Movant to suffer extreme financial hardship.
14. Based on the foregoing, Movant respectfully moves this Court to treat
this matter as an emergency motion to withdraw, to forego the ten-day
waiting period before ruling and to rule as soon as possible but at least
before November 19, 2015.
COUNSEL'S EMERGENCY MOTION TO WITHDRAW PAGE4
IV.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Movant Craig M. Price
respectfully moves this Court to grant Movant's emergency motion to withdraw as
counsel for Appellant without waiting ten (10) days for either Appellant or the State
to file a response, and to grant Movant's motion to withdraw as counsel for
Appellant. Movant further seeks such other relief to which he may be entitled, at
law or in equity.
Respectfully submitted,
/S/ Craig M. Price
Craig M. Price
State Bar No. 16284170
cmp@hammerle.com
Hammerle Finley Law Fi1111
2871 Lake Vista Dr., Suite 150
Lewisville, Texas 75067
Tel: (972) 436-9300
Fax: (972) 436-9000
Atto111ey for Appellant
NOTICE TO CLIENT
This is to notify you that this Motion for Withdrawal of Counsel may be set
for hearing at the time and place stated at a later date. You do not have to agree to
this motion and if you contest the withdrawal of Craig M. Price as attorney in this
cause, you should either appear at the hearing or object in writing. If you do not
oppose Craig M. Price's withdrawal as attorney of record in this case, you may
appear in court, in writing, and infonn the judge that you agree with this Motion.
/S/ Craig M. Price
Craig M. Price
COUNSEL'S EMERGENCY MOTION TO WITHDRAW PAGES
CERTIFICATE OF CONFERENCE
I certify that Movant attempted to confer with counsel for the State of Texas,
on November 6, 2015, via e-mail, regarding the merits of this Motion, but was
unable to confer with the State.
I certify that Movant attempted to confer with Appellant via telephone on
November 5 and November 6, 2015, by telephone, but was unable to confer with
Appellant regarding the merits of this Motion.
IS/ Craig M. Price
Craig M. Price
VERIFICATION
STATE OF TEXAS §
§
COUNTY OF DENTON §
BEFORE ME, the undersigned Notary Public, on this day personally
appeared CRAIG M. PRICE, who being by me duly sworn on his oath deposed
and said that he is the Attorney for Howard Thomas Douglas, in the above entitled
and numbered cause; that he has read the above and foregoing motion, and that
every statement contained therein is within his personal la1owledge and is true and
c01Tect.
Craigc:.eric: L
SUBSCRIBED AND SWORN TO BEFORE ME on the 6th day of November,
2015, to certify which witness my hand and official seal.
~iioolth~h» .ildhhJ_,.
Notary Public, State of Texas 0YLA--
J
COUNSEL'S EMERGENCY MOTION TO WITHDRAW PAGE6
CERTIFICATE OF SERVICE
This is to ce1iify that on November 6, 2015, a true and correct copy of the
above and foregoing document was served on the District Att0111ey's Office, Travis
County, PO Box 1748, Austin, Texas 78767, bye-service, and on Appellant, via e-
mail at his personal e-mail address.
IS/ Craig M. Price
Craig M. Price
COUNSEL'S EMERGENCY MOTION TO WITHDRAW PAGE7