Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

McDaniel v. State

Because counsel failed, over a period of five months, in his duty to prosecute this appeal, to contact this court to explain his failure to file a brief or to take any action toward prosecuting the appeal, and because the court has been unable to contact counsel and has been informed that appellant has been free on bond, the court concludes that this appeal was not taken with the intention of pursuing it to effect, but for purposes of delay while appellant remains at liberty.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

Brian Todd McDaniel appeals from his conviction on his plea of guilty for retaliation. He is represented on appeal by retained counsel, Jeffrey Sasser. The clerk’s record was filed on September 21, 2001, and the reporter’s record was filed on August 30, 2001. McDaniel’s brief was thus originally due on October 22, 2001.

Counsel has filed three motions to extend the time to file his brief. The last extension ended February 1, 2002. The final extension contained the notation that “NO MORE EXTENSIONS WILL BE GRANTED.” Our clerk’s office contacted counsel on February 25, 2002, at which time counsel stated that he had been in drug treatment, that he had completed the brief, and that he would send it to this Court by Federal Express on March 1, 2002. We did not receive his brief, and on March 7, 2002, we issued an order directing Sasser to file a brief on or before March 15, 2002, or be prepared to show cause why he should not be held in contempt of court.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Legalweek New York 2025
March 24, 2025 - March 27, 2025
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.


Learn More
GlobeSt. Multifamily Spring 2025
April 01, 2025
New York, NY

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
Go to Events Go to Webcasts
(NEW) SENIOR CORPORATE COUNSEL WANTED FOR LARGE RETAIL ORGANIZATION (Charlotte, NC)

Our client, a larger retail organization, has engaged us to identify a Senior Corporate Counsel for their Charlotte office. Qualified cand...


Apply Now ›
(EXCLUSIVE) ASSOCIATE GENERAL COUNSEL WANTED FOR INTERNATIONAL TRANSPORTATION AND LOGISTICS COMPANY (Atlanta, GA)

Our client, a global transportation and logistics organization, has engaged us to identify an Associate General Counsel for their North Amer...


Apply Now ›
U.S. Magistrate Judge Reappointment

The current term of office for United States Magistrate Judge Robert Illman in the U.S. District Court for the Northern District of Californ...


Apply Now ›
Go to Lawjobs