PD-1595-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 8/20/2015 9:16:01 AM
Accepted 8/20/2015 9:25:00 AM
IN THE COURT OF CRIMINAL APPEALS abel acosta
CLERK
AARON LIVERMAN § PD-1596-14 C\_£n-u>J£ W4~
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ROGER LIVERMAN § PD-1595-14 *™*i ^ r.
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THE STATE OF TEXAS § August 20,2015
APPELLEE §
3 ABELACOSTA, CLERK
STATE'S MOTION TO FILE AN ADDITIONAL BRIEF
IN REPLY TO THE TEXAS CONSTRUCTION ASSOCIATION'S
BRIEF OF AMICUS CURIAE INSTANTER
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW the State of Texas, by and through the Denton County
Criminal District Attorney and the undersigned counsel, and tenders this motion to
file an additional brief in reply to the Texas Construction Association's brief of
amicus curiae pursuant to Texas Rule of Appellate Procedure 70.04. The State
moves that this Court permit the State to file this additional brief. The State shows
the following in support of this motion;
1. The State received the "Brief of amicus curiae of the Texas
Construction Association" on August 14, 2015, and received the "Amended Brief
of amicus curiae of the Texas Construction Association" on August 17, 2015.
2. The brief of amicus curiae is in support of Appellants.
3. This case is already in submission and this Court has already received
the briefs on the merits and heard the arguments of the parties.
4. The State would like to respond to the arguments made in the brief
of amicus curiae in an additional brief.
5. The State has already prepared the response to the brief of amicus
curiae and offers the brief instanter for this Court's consideration.
PRAYER
WHEREFORE, premises considered, the State prays that this Court
grant this motion and permit the State to file an additional brief in reply to the
Texas Construction Association's brief of amicus curiae.
Respectfully Submitted,
PAUL JOHNSON
Criminal District Attorney
CATHERINE LUFT
Assistant Criminal District Attorney
Chief, Appellate Division
\LARA TOMI/IN
assistant Criminal District Attorney
Bar No. 24075169
1450 East McKinney Street, Suite 3100
Denton, Texas 76209
(940) 349-2600
lara.tomlin@dentoncounty.com
CERTIFICATE OF SERVICE
I hereby certify that on the 20th day of August 2015, a true and correct copy
of the State's Motion to File an Additional Brief in Reply to the Texas
Construction Association's Brief of amicus curiae was sent through
efile.txcourts.gov by electronic mail to: (1) Applicant's Counsel, Matthew J. Kita,
matt@mattkita.com; (2) Texas Construction Association's Counsel, John S. Polzer,
jpolzer@canteyhanger.com, Chris A Brown, cbrown@canteyhanger.com;
and (3) the State Prosecuting Attorney, Lisa C. McMinn,
information@spa.texas.gov.
sistant Criminal District Attorney