How much time are y'all getting to file capital briefs with the CCA?

The last time I filed a death penalty brief (2004), I was told the Court will generally grant the State one year to file.

I just got a love note, granting my first extension request, for 180 days, with the addendum NO FURTHER EXTENSIONS WILL BE ENTERTAINED.

There's nothing I can do about it now, of course, but should I starting trying to figure what I did to p.o. the court, or are they doing this to everyone?

180 days has been the standard for a few years, as I recollect.

As John said, 180 days is the norm these days. Don't feel picked on. A few years ago, I recall Presiding Judge Keller warning that extensions would be less sympathetically considered as part of the Court's overall plan to increase efficiency. The language used on the Court's card is boiler plate -- used in responding to requests for extensions on capital briefs and briefs on the merits following PDR.

Maybe I'm out of touch or maybe little old Williamson County doesn't have the volume some of you see, but who the heck wants to take a year to write a brief, even for a capital murder case? If you need more than 6 months to finish the brief, maybe your office seriously needs to consider hiring some additional help.

Am I crazy on this?

John Bradley
District Attorney
Williamson County, Texas

Not everyone has Williamson County's forward seeing budget officers advising commissioner's court. Or their money.

But I digress. 6 months should be plenty of time for a cap brief. Even in your spare time.

I'll get it done. But the brief raises 49 issues in 125 pages, and I have two other felony appeals and approximately 2 trials a month to take care of in the meantime. I'm the only assistant. Hence the violins...

I just thought it was rude of the court TO YELL AT ME, and wish I had some wiggle room in case there are last-minute problems.

Thanks all for the replies.

It's just a postcard. If they were yelling, they would have sent something delivered by a Ranger. Usually, this is reserved for tickets to the Travis County Jail . . . Good luck with the brief.

Robert,
You sent me a copy of the Appellant's brief in that case recently. As I recall, quite a few of his claims are pretty standard ones that are seen in lots of death penalty cases. You might want to call the appellate sections at some of the bigger jurisdictions, I suspect they have a canned responses to their canned claims for relief. I've always found that they're willing to share. It will save you a ton of time.