Evan Stuart Fairbanks v. The State of Texas

Summary

The First District Court of Appeals of Texas denied the appellant’s fourth motion to extend the deadline for filing his brief in two criminal appeals. The court stated that if the appellant’s motion for en banc reconsideration was denied and the brief was not filed by October 27, 2014, the appeals would be abated and remanded for a hearing under Texas Rule of Appellate Procedure 38.8(b).

Holdings

1. The court denied the appellant's fourth motion to extend the deadline for filing his brief.

Questions Presented

1. Whether the appellant should receive a fourth extension of time to file his appellate brief, conditioned on denial of his motion for en banc reconsideration.
2. What procedural action should follow if the appellant failed to file his brief by the deadline.

Disposition

other