Case Information
*1 PD-1505-1· FILED IN COURT OF CRIMINAL APPEAL COURT OF CRIMINAL APPEALS AUSTIN, TEXA Transmitted 4/21/2015 11: 13:50 Ar April 21, 2015 Accepted 4/21/2015 11:18:38 Ar ABELACOST. Case No. PD-1505-14 ABELACOSTA,CLERK CLER I ~~~~r·~~·-++-~~-----In--th_e_c_o_u_rt __ o_f_c_n_·m_i_n_a_lA __ p_p_ea_l_s_o_f_T_ex_a_s ______________ _ U(~\~'~~~~--------D_a_v_id __ s_ch-1-itt_l_e_r_v_.T __ h_e_s_ta_t_e_o_f_T_e_x_a_s ______________ ___
On Discretionary Review of Appeal No. 12-13-00269-CR in the Twelfth Court of Appeals of Texas at Tyler
Motion for Leave to File an Appellant's Reply Brief
For the following reasons, David Schlittler (Appellant) requests leave to file an Appellant's Reply Brief
1. Upon a party's motion, this Court may permit the filing of additional briefs. Rule 70.4, Rules of Appellate Procedure. Generally, an appellant may file a reply brief addressing any matter in the appellee's responsive brief. Rule 38.3, Rules of Appellate Procedure. A computer-generated reply brief is limited to 7,500 words. Rule 9.4(i)(2)(C), Rules of Appellate Procedure. And it must be filed within 20 days after the appellee's brief was filed. Rule 3 8. 6( c), Rules of _ Appellate Procedure.
2. The Clerk of this Court notified Schlittler's attorney on Monday, April 20, 2015, that the State had filed its responsive brief. (Schlittler's attorney *2 received the Clerk's notice at 6:02p.m.) Therefore, any reply brief would be due no later than Monday, May 11, 2015. The Clerk also notified Schlittler's attorney that this case set for submission (with oral argument) on Wednesday, May 20, 2015.
3. Upon review of the State's brief, Schlittler believes that a reply is warranted to address certain matters raised on pages 12 through 14, touching on the family court's conservatorship order, and to further explicate his contention that Section 38.111, Penal Code, constitutes an improper delegation of the State's legislative power to a private party contrary to the State's argument set forth, for example, on pages 18 and 22 through 23.
4. Schlittler does not require the full 20 days as contemplated by Rule 38.6(c). Rather, he believesthat he can complete his legal research and draft and file a reply briefby the end ofthis month, if not before.
5. Schlittler' s request is not made for purposes of delay but for a thorough and proper presentation of his arguments.
6. For the foregoing reasons, Schlittler prays that this Court grant him leave to file an Appellant's Reply Brief no later than April30, 2015.
Respectfully submitted, State Counsel for Offenders Attorney for Appellant *3 Texas Bar No. 14811030 P. 0. Box 4005
Huntsville, TX 77342 Telephone no. 936-437-5291 E-mail address: Ken.Nash@tdcj.texas.gov Certificate of Conference In compliance with Rule 10.1(5), Rules of Appellate Procedure 10.1(5), I certify that I conferred with the State's attorney, Melinda Fletcher, on April 21, 2015, who does not oppose this motion.
Is/ Kenneth Nash
Certificate of Compliance In compliance with Rule 9.4(i)(3), Rules of Appellate Procedure, I certify that this computer-generated document complies with the typeface requirements of Rule 9.4(e) and is comprised of313 words (excluding the items exempted in Rule 9.4(i)(1 )).
Certificate of Service In compliance with Rule 9.5(e), Rules of Appellate Procedure, I certify that a copy of the foregoing Motion for Leave to File an Appellant's Reply B~ief was served upon the State's attorney and upon the State Prosecuting Attorney noted below by one or more of the following: certified mail (return receipt requested), facsimile transfer, or electronic mail (e-mail), on April21, 2015.
Melinda Fletcher
Special Prosecution Unit
P. 0. Box 1744
Amarillo, TX 79105
Facsimile no. 866-923-9253
E-mail address: mfletcher@sputexas.org ·
Lisa C. McMinn
State Prosecuting Attorney
P. 0. Box 13046
Austin, TX 78711
E-mail address: information@spa.texas.gov ·