AP-77,030
FILED IN COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
Transmitted 12/29/2014 9:11:55 PM
December 29, 2014 Accepted 12/30/2014 8:06:43 AM
ABEL ACOSTA
ABEL ACOSTA, CLERK
NO. AP-77,030 CLERK
IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
MATTHEW LEE JOHNSON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
STATE'S MOTION FOR LEAVE TO FILE BRIEF
EXCEEDING WORD LIMIT
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
THE STATE OF TEXAS, by and through the Criminal District Attorney of
Dallas County, respectfully requests leave to file a brief exceeding the 37,500-
word limit. In support of this motion, the State would show the following:
I.
Appellant is confined pursuant to the judgment and sentence of the 363rd
Judicial District Court of Dallas County, convicting him of the capital murder of
Nancy Harris. On November 8, 2013, the jury answered the special issues so as to
support the imposition of a death sentence, and the trial court sentenced him to
death. Appeal to this Court is automatic. After requesting two extensions,
Appellant filed his brief on August 1, 2014. An amended brief was filed on
August 21, 2014. The State's brief was originally due on September 2, 2014, but
the deadline was extended until tomorrow, December 31, 2014. The State timely
tenders its brief along with this motion. The State's brief is 42,769 words in
length (excluding caption, table of contents, index of authority, statement regarding
oral argument, statement of the case, summary of the argument, signature,
certificate of compliance, and certificate of service).
II.
Rule 9.4(i)(2)(A) provides that a brief on direct appeal in a death penalty
case is limited to 37,500 words if computer-generated. Rule 9.4(i)(4), however,
provides that this Court may, on motion, permit a longer brief. The State
respectfully requests permission to exceed the word limit by 5,269 words for the
following reasons:
Appellant's brief contains 65 issues and is 148 pages long. Nearly half of
the issues pertain to jury selection, all of which required an in-depth analysis of
each of the specified jurors' responses on their questionnaires and during
individual voir dire. Additionally, several of the issues contained in Appellant's
brief contain conclusory statements but not a full application of the law to the facts.
The State has attempted to fully address the merits of Appellant's claims in
addition to its arguments regarding preservation and harm. Finally, in three
issues, Appellant challenged the trial court's charge to the jury during the
punishment phase. These three issues contain 76 sub-issues. As above, the State
attempted to briefly address each of the issues.
III.
The State responded with brevity where possible. That said, given the
serious nature of the case and the issues presented, a factual and legal analysis of
some depth was required.
IV.
For all of the foregoing reasons, counsel respectfully requests leave to file a
brief that exceeds the word limit provided in Tex. R. App. P. 9.4(i)(2)(A).
WHEREFORE, PREMISES CONSIDERED, the State respectfully requests
the Court grant the State's request for leave to file a brief exceeding the word limit.
Respectfully submitted,
cmL ^r/otJL—
Craig Watkins Christine Womble
Criminal District Attorney Assistant District Attorney
Dallas County State Bar No. 24035991
Frank Crowley Courts Bldg
133 N. Riverfront Blvd., LB-19
Dallas, Texas 75207-4399
(214) 653-3625 phone
(214) 653-3643 fax
CWomble(a>dallascounty.org
Certificate of Service
I certify that a true copy of this motion was served on John Tatum, counsel
for Appellant, 990 South Sherman Street, Richardson, Texas, 75081, via email on
December 30, 2014.
(ibtLcHi*
/otulk
Christine Womble