Opinion
05-23-00647-CR
08-20-2024
CHRISTOPHER COGGINS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F22-32931
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Before the Court is appellant's eight motion for extension of time to file appellant's brief. The record was filed October 13, 2023, and appellant's brief was originally due November 12, 2023. Over the succeeding nine months, appellant's counsel, Jeff Buchwald, has repeatedly promised this Court that he would file appellant's brief if given the requested extensions. The reasons for the extensions are always the same: "Counsel is managing hundreds of cases" pending in courts. We have already remanded this case to the trial court once for the trial court to determine when appellant would file the brief. The trial court, based on Mr. Buchwald's promise "that he can finish the final draft of the brief in this case within the next forty-five days," recommended that we grant him a forty-five-day extension. That extension expired July 1, 2024. On July 8, 2024, and July 26, 2024, Mr. Buchwald requested extensions of fourteen days and ten days respectively "in which to finish and file appellant's brief." This Court granted those extensions, but the brief was not filed.
In his seventh motion for extension, Mr. Buchwald requests an extension of four days "in which to finish and file appellant's brief." In this motion, Mr. Buchwald states he is drafting the brief. The motion is GRANTED, and we ORDER Mr. Buchwald to file appellant's brief on or before 8:00 a.m. on MONDAY, AUGUST 26, 2024. If appellant's brief has not been filed by that time, this Court will take all necessary actions to protect appellant's rights, including ordering Mr. Buchwald removed from representing appellant and ordering the trial court to appoint new counsel.
We DIRECT the Clerk to send copies of this order to the Honorable Tina Clinton, Presiding Judge, Criminal District Court No. 1, Dallas County; and counsel for all parties.