ACCEPTED
12-14-00158-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
4/2/2015 3:13:53 PM
CATHY LUSK
CLERK
CASE NO.: 12-14-00158-CR
Trial Court Case Number: 007-0505-13
FILED IN
RICKY NEAL, JR., 12th COURT OF APPEALS
Appellant, THE TWELFTH COURT OF
TYLER, TEXAS
APPEALS, TYLER DIVISION
4/2/2015 3:13:53 PM
CATHY S. LUSK
Clerk
vs.
THE STATE OF TEXAS,
Appellee.
APPELLANT’S MOTION TO EXCEED LENGTH OR WORD-VOLUME OF
INITIAL BRIEF
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, the Appellant, RICKY NEAL, JR., in the above-styled and
numbered cause, by and through the undersigned counsel, and files this Motion to Exceed
Length or Word-Volume of Initial Brief in accordance with Texas Rule of Appellate
Procedure 9.4(i). In support thereof, the undersigned would show this Honorable Court as
follows:
1. On March 26, 2015, the undersigned filed Appellant’s Initial Brief with this Court.
2. As noted in the State’s Motion to Strike Appellant’s Brief for Violation of the Rules of
Appellate Procedure, Appellant’s brief exceeds the word and page limitations stated under Texas
Rule of Appellate Procedure 9.4(i).
3. The undersigned would submit that a brief in excess of the word and page limitations
was necessary in this case given the complexity of the issues presented and the seriousness of the
offense of conviction. Appellant was in fact convicted of murder and sentenced to life
imprisonment. As noted in the initial brief, Appellant has raised a number of potentially
meritorious issues concerning both the weight of the evidence at trial as well as well as a number
of claims concerning testimony admitted at trial. Additionally, because this case involved a
“multiple assailants” defense, a number of jury charge errors are alleged in the brief.
4. The undersigned therefore prays that given the complexities of the issues presented in
this appeal and the seriousness of the charges, this Court expand the page and word-count
limitations in this case. Accordingly, the undersigned prays that this Court expand the page
limitation in this cause to permit a 25,900 word and 88-page brief, excluding exempted parts
under Tex. R. App. 9.4(i)(1).
WHEREFORE, PREMISES CONSIDERED, the Defendant hereby specifically requests
that this Honorable Court deny the State’s Motion to Strike Appellant’s Brief and grant
Appellant’s request to exceed the word-count and page limitations in this this cause.
Respectfully submitted,
/s/ Carlo D’Angelo
CARLO D’ANGELO
ATTORNEY AT LAW
100 East Ferguson, Suite 1210
Tyler, Texas 75702
Texas State Bar No. 24052664
Tel 903.595.6776
Fax 903.407.4119
carlo@dangelolegal.com
Attorney for Appellant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing motion was
furnished to Assistant District Attorney Michael J. West, Office of the District Attorney, 100
North Broadway, 4th Floor, Smith County, Texas, 75702 via electronic case filing on this 2 April
2015.
/s/ Carlo D’Angelo
2
Carlo D’Angelo
3