Case Information
*1 PD-1505-14 FILED IN COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/22/2015 10:40:54 AM May 26, 2015 Accepted 5/26/2015 8:29:18 AM ABEL ACOSTA ABELACOSTA,CLERK Case No. PD-1505-14 CLERK In the Court of Criminal Appeals of Texas David Schlittler v. The State of Texas 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 Post-Argument Brief For the following reasons, David Schlittler (Appellant) requests leave to fil{ an Appellant's Post-Argument Brief
1. Upon a party's motion, this Court may permit the filing of additional briefs. Rule 70.4, Rules of Appellate Procedure.
2. On May 20, 2015, this Court heard oral arguments presented by both parties in this case. During the course of those arguments members of the Court propounded several questions upon the parties' attorneys in which Schlittler believes the answers require some clarification.
3. Schlittler does not intend to re-hash the arguments adequately set forth in the briefs previously filed .with the Court. Instead, Schlittler intends to focus primarily on (1) the extent of the fundamental right implicated here, (2) the applied *2 as opposed to facial challenge to the statute, and (3) the class as defined by Art.
62.001 (5), Code of Criminal Procedure. Schlittler believes that he can clarify these matters within 1 0 pages of text.
4. Schlittler can complete his legal research and draft and file a post- argument brief by the end of next week, 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 Post-Argument Brief no later than May 29, 2015.
Respectfully submitted, State Counsel for Offenders Attorney for Appellant Texas Bar No. 14811030 Huntsville, TX 77342 Telephone no. 936-437-5291 Facsimile no. 936-437~5279 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 May 22, 2015, who does not oppose this motion.
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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 of 219 words (excluding the items exempted in Rule 9 .4(i)(l) ).
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 Post-Argument Brief 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 May 22, 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
Austin, TX 78711
Facsimile no. 512-463-5724
E-mail address: information@spa.texa.gov
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