Court of Civil Appeals of Texas, 2015

Harlan, Paul Antwann

Harlan, Paul Antwann
Court of Civil Appeals of Texas · Decided December 11, 2015

Harlan, Paul Antwann

Opinion

RECEIVED IN COURT OF CRIMINAL APPEALS NO. PD-1272-15

DEC 09 2015 IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Abel Acosta, Clerk

FILED IN PAUL ANTWANN HARLAN, COURT OF CRIMINAL APPEALS CJC 11 2375 THE STATE OF TEXAS, Abel Acosta, Clerk

From Appeal No. 06-14-00236-CR Trial Court Cause No. F13-56882-K Dallas County, Texas

MOTION TO SUSPEND RULE 9.3, PURSUANT TO RULE 2.

TEXAS RULES OF APPELLATE PROCEDURE TO THE tt»OlABIj: JUDGES OF SAID COURT: COMES NOW, Paul Antwann Harlan, TDCJ #1969190, "Petitioner/* pro se, and files this Motion to Suspend Texas Rule of Appellate Procedure Rule 9.3, the requ irement for eleven (11) copies of a petition to be filed. Texas Rule of Appellate Procedure Rule 2 states as follows: "On a party's motion or on its own initiative an Appellate Court may - to expedite a decision or for other good cause - suspend a rule of operation in a particular case and order a different procedure ..." In support of this motion, Petitioner shows this Honorable Court the following: I.

The Petitionerwas convicted in.'the 4th District Court of Dallas County, Texas, of the offense"of Aggravated Robbery, with a deadly weapon, in Cause No. F13-56882-K, styled State of Texas vs. Paul Antwann Harlan. The Petitioner is presently incarcerated at the French M. Robertson Unit Jones County, Abilene, TX.

Hadon to Suspend Role <U -to. H)-l27M> - —— _— 1 II • Petitioner's request to suspend Rule 9.3 is based upon the following facts: Texas Department of Criminal Justice does not allow copies to be made for a fee or otherwise. The Petitioner has no means of being able to acquire the required (11) copies of the Petition, as he is not afforded the luxury of a copy machine and must do everything by hand; which could be lenghty and time consuming, affecting the timeliness of Petitioner's filing of his Petition for Discretionary Review.

PRAYER; WHEREFORE, PREMISES CONSIDERED, Petitioner prays this Honorable Court will GRANT this motion and suspend Rule 9.3 of the Texas Rules of Appellate Procedure, allowing Petitioner to proceed upon filing one copy of his Petition with the Court.

I, Paul Antwann Harlan, TDCJ #1969190, being presently incarcerated at the French M. Robertson Unit of the Texas Department of Criminal Justice in Jones Cou nty, Texas; hereby verfiy and declare under penalty of perjury that the foregoing statements are both true and correct, as well as offered in good faith.

LTex.Civ.Prac.& Rem.Code § 132.001-003 et seq./Title 28 U.S.C. § 1746] (A signed/dated copy of this M30CN shall have the same validity as its original) SIGNED AND EXECUTED on this the <-|+h day of November, 2015.

RESPECTFULLY SUBMITTED,

Petitioner, Pro Se Paul Antwann Harlan#1969190 French M. Robertson Unit 12071 F.M. 3522 Abilene. Texas 79601 (325)548-9035 CERTIFICATE OF SERVICE; The above signer hereby certifies that a true and correct copy of the foreg oing MOTION TO SUSPEND RULE 9.3 has been forwarded via 1st Class U.S. Mail, Postage Pre-paid, to the attorney of Respondent: G.Brian Garrison at 133 N. Riverfront Blvd.? LB 19, Dallas Texas 75207 and the Office of Attorney General P.O. Box 1254"ff Austin, Texas 78711-2548; on this the M1^ day of November. 2015.

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