AP-77,047
FILED IN COURT OF CRIMINAL APPEALS
COURT OF CRIMINALAPPEALS AUSTIN, TEXAS
Transmitted 6/19/2015 3:09:37 PM
June 19,2015
Accepted 6/19/2015 3:15:08 PM
ABEL ACOSTA
ABEL ACOSTA, CLERK NO. AP-77,047 CLERK
KENNETH THOMAS IN THE COURT OF
VS. CRIMINALAPPEALS
THE STATE OF TEXAS OF TEXAS
MOTION FOR INCREASE IN OF WORD COUNT/
LEAVE TO FILE BRIEF WITH ADDITIONAL WORDS OVER 37,500
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Appellant in the above-styled and numbered cause, and,
pursuant to Rule 38.6 and Rule 10.5(b) Texas Rules of Appellate Procedure,
submits this Motion requesting that the Appellant be granted leave to file this
death penalty brief in the above-styled and numbered cause with an additional
1,901 words over the 37,500 limit, and in support of same would show the
Court the following:
(a) Trial Court Designation: 194™ Judicial District Court
Cause Number: F86-85539-M
(b) Offense: Capital Murder
Punishment: Death
(c) Facts relied upon to support extension of word count:
Appellant's counsel requests 1,901 words in addition to the 37,500 word
count to complete this death penalty appellate brief. This case involved two
jury trials, one on competency and one on punishment, both of which involved
complex issues. There were 36 issues alone on the voir dire process of this
case, some of which involved the case of U.S. Supreme Court Hall v. Florida
S.Ct. (2014) which was handed down by the Supreme Court of the
United States concerning intellectual disability as applied in death penalty
cases. The case was handed down in the middle of jury selection. This
Supreme Court case affected the individual voir dire procedure and charge to
the jury concerning a special issue of intellectual disability that was submitted
to the jury. Issues involving Ex Parte Briseno's factors on mental retardation
(intellectual disability) had to be dealt with in this appeal. Appellant's counsel
has determined that the additional words were necessary to argue the
numerous complex issues contained in this brief. Counsel has spoken to the
State's assistant district attorney, Ms. Christine Womble and she has no
objection to this extension of word count.
II.
The Appellant has been diligent in pursuing this appeal and is not
seeking this word count extension frivolously .
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Motion be granted.
Respectfully submitted,
/s/ John Tatum r
John Tatum
990 S. Sherman Street
Richardson, Texas 70581
(972) 705-9200
Fax#: (972) 690-9901
State Bar No. 19672500
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Motion has been delivered to Susan
Hawk, Dallas County District Attorney, or to her Assistant District Attorney in
the Appellate Section assigned to this case, at 133 North Riverfront, 11th
floor, Frank Crowley Criminal Courts Building, Dallas, Texas 75207, on this
the 13th day of June 19, 2015.
/s/ John Tatum
John Tatum
CERTIFICATE OF COMPLIANCE
Icertify that this submitted e-mail attachment to file Motion for Extension
of Time to File Brief complies with the following requirements of the Court:
1. The petition is submitted by e-mail attachment;
2. The e-mail attachment is labeled with the following information:
A. Case Name: Kenneth Thomas
B. The Appellate Case Number: 77,047
C. The Type of Document: Motion to Extend Time
D. Party for whom the document is being submitted: Appellant
E. The Word Processing Software and Version Used to Prepare the
Motion :
Word Perfect X7
3. Copies have been sent to all parties associated with this case.
/s/ John Tatum 6/19/15
(Signature of filing party and date)
John Tatum
(Printed name)
John Tatum, Attorney at Law
Emailed Copy of Motion