Motion To Deem Brief Timely Filed - Pettigrew

NO. COA09-1226

JUDICIAL DISTRICT 21 NORTH CAROLINA COURT OF APPEALS *********************************

STATE OF NORTH CAROLINA v. KERRY JARROD PETTIGREW, Defendant.

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From Forsyth County 07 CrS 61801

******************************** MOTION TO EXTEND TIME TO FILE BRIEF and MOTION TO DEEM BRIEF TIMELY FILED ******************************** COMES NOW the undersigned counsel for the defendant-appellant and respectfully requests that this Court grant an additional extension of time to file the appellant’s brief, and to deem the brief timely filed. In support of this motion, counsel would say as follows: Upon counsel’s previous motion, this Court extended the time to file this brief to 4 December 2009. 1.

Due to a heavy caseload, and due to the fact that counsel’s wife (and paralegal) had to undergo a surgical procedure on 3 December, counsel was unable to complete the brief until today, 7 December 2009. 2.

Counsel has attempted to contact Jane Rankin Thompson, the assistant attorney general assigned to represent the State in this case, to see if she objects to this motion, but he has been unable to speak with Ms. Thompson. 3.

4.

The brief in this matter is filed contemporaneously with this motion.

WHEREFORE, counsel for the defendant-appellant respectfully requests that the time allowed for filing the brief in this matter be extended to 7 December 2009, and that the appellant’s brief be deemed timely filed.

THIS, the 7th day of December, 2009. [Electronically filed] ____________________________ Michael E. Casterline Attorney at Law 68 North Market Street Asheville, NC 28801 828/ 253-6401

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion to Extend Time to File Brief and to Deem Brief Timely Filed has been served on the parties listed below by depositing said notice in a postpaid, properly addressed wrapper in a Post Office or official depository under the exclusive care and custody of the United States Post Office Department. THIS, the 7th day of December, 2009. [Electronically filed] ____________________________ Michael E. Casterline Attorney at Law 68 North Market Street Asheville, NC 28801 828/ 253-6401 Jane Rankin Thompson Assistant Attorney General NC Department of Justice 792 Arbor Road Winston-Salem, NC 27104