NO.

COA09-1226 JUDICIAL DISTRICT 21

NORTH CAROLINA COURT OF APPEALS
*********************************
STATE OF NORTH CAROLINA )
) From Forsyth County
v. ) 07 CrS 61801
)
KERRY JARROD PETTIGREW, )
Defendant. )

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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:

1. Upon counsel’s previous motion, this Court extended the time to file
this brief to 4 December 2009.

2. 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.

3. 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.

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