AP-77,02'1
FILED IN
COURT OF CRIMINAL APPEALS
COURT OF CRIMINALAPPEALS AUSTIN, TEXAS
Transmitted 1/30/2015 12:35:13 PM
January 30, 2015 Accepted 1/30/2015 2:29:43 PM
ABEL ACOSTA
ABELACOSTA, CLERK No. AP-77,021 CLERK
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NAIM RASOOL MUHAMMAD,
Appellant
K iy"^
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 Criminal
District Court No. 4 of Dallas County, convicting him of the capital murder of his
two sons. On May 23, 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 21, 2014. The State's brief was originally due on September
20, 2014, but the deadline was extended until today, January 30, 2015. The State
timely tenders its brief along with this motion. The State's brief is 37,663 words in
length excluding table of contents, index of authority, statement regarding oral
argument, statement of the case, signature, certificate of compliance, and
certificate of service. See Tex. R. App. P. 9.4(i)(l).
II.
Rule 9.4(i)(2)(A) of the Texas Rules of Appellate Procedure 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 for the following reasons:
Appellant's brief contains 54 issues and is 138 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. 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.
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).
III.
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,
/s/Jaclyn O'Connor Lambert
Susan Hawk Jaclyn O'Connor Lambert
Criminal District Attorney Assistant District Attorney
Dallas County, Texas State Bar No. 24049262
Frank Crowley Courts Building
133 N. Riverfront Blvd., LB-19
Dallas, Texas 75207-4399
(214)653-3625
(214) 653-3643 fax
ioconnor@dallascounty.org
CERTIFICATE OF SERVICE
I certify that a true copy of this motion was served on appellant's attorney,
John Tatum, 990 S. Sherman St, Richardson, Texas 75081, itatumlaw@gmail.com,
via eFile and email on January 30, 2015.
/s/Jaclyn O'Connor Lambert
Jaclyn O'Connor Lambert