PD-1505-1·
FILED IN COURT OF CRIMINAL APPEAL
COURT OF CRIMINAL APPEALS AUSTIN, TEXA
April 21, 2015
Transmitted 4/21/2015 11: 13:50 Ar
Accepted 4/21/2015 11:18:38 Ar
ABELACOST.
ABELACOSTA,CLERK Case No. PD-1505-14 CLER
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On Discretionary Review
of Appeal No. 12-13-00269-CR
in the Twelfth Court of Appeals of Texas
at Tyler
Motion for Leave to File an Appellant's Reply Brief
For the following reasons, David Schlittler (Appellant) requests leave to file
an Appellant's Reply Brief
1. Upon a party's motion, this Court may permit the filing of additional
briefs. Rule 70.4, Rules of Appellate Procedure. Generally, an appellant may file
a reply brief addressing any matter in the appellee's responsive brief. Rule 38.3,
Rules of Appellate Procedure. A computer-generated reply brief is limited to
7,500 words. Rule 9.4(i)(2)(C), Rules of Appellate Procedure. And it must be
filed within 20 days after the appellee's brief was filed. Rule 3 8. 6( c), Rules of _
Appellate Procedure.
2. The Clerk of this Court notified Schlittler's attorney on Monday, April
20, 2015, that the State had filed its responsive brief. (Schlittler's attorney
received the Clerk's notice at 6:02p.m.) Therefore, any reply brief would be due
no later than Monday, May 11, 2015. The Clerk also notified Schlittler's attorney
that this case set for submission (with oral argument) on Wednesday, May 20,
2015.
3. Upon review of the State's brief, Schlittler believes that a reply is
warranted to address certain matters raised on pages 12 through 14, touching on
the family court's conservatorship order, and to further explicate his contention
that Section 38.111, Penal Code, constitutes an improper delegation of the State's
legislative power to a private party contrary to the State's argument set forth, for
example, on pages 18 and 22 through 23.
4. Schlittler does not require the full 20 days as contemplated by Rule
38.6(c). Rather, he believesthat he can complete his legal research and draft and
file a reply briefby the end ofthis month, if not before.
5. Schlittler' s request is not made for purposes of delay but for a thorough
and proper presentation of his arguments.
6. For the foregoing reasons, Schlittler prays that this Court grant him leave
to file an Appellant's Reply Brief no later than April30, 2015.
Respectfully submitted,
State Counsel for Offenders
Attorney for Appellant
Is/ Kenneth Nash
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Texas Bar No. 14811030
P. 0. Box 4005
Huntsville, TX 77342
Telephone no. 936-437-5291
Facsimile no. 936-437-5279
E-mail address: Ken.Nash@tdcj.texas.gov
Certificate of Conference
In compliance with Rule 10.1(5), Rules of Appellate Procedure 10.1(5), I
certify that I conferred with the State's attorney, Melinda Fletcher, on April 21,
2015, who does not oppose this motion.
Is/ Kenneth Nash
Certificate of Compliance
In compliance with Rule 9.4(i)(3), Rules of Appellate Procedure, I certify
that this computer-generated document complies with the typeface requirements of
Rule 9.4(e) and is comprised of313 words (excluding the items exempted in Rule
9.4(i)(1 )).
Is/ Kenneth Nash
Certificate of Service
In compliance with Rule 9.5(e), Rules of Appellate Procedure, I certify that
a copy of the foregoing Motion for Leave to File an Appellant's Reply B~ief was
served upon the State's attorney and upon the State Prosecuting Attorney noted
below by one or more of the following: certified mail (return receipt requested),
facsimile transfer, or electronic mail (e-mail), on April21, 2015.
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Melinda Fletcher
Special Prosecution Unit
P. 0. Box 1744
Amarillo, TX 79105
Facsimile no. 866-923-9253
E-mail address: mfletcher@sputexas.org ·
Lisa C. McMinn
State Prosecuting Attorney
P. 0. Box 13046
Austin, TX 78711
Facsimile no. 512-463-5724
E-mail address: information@spa.texas.gov ·
Is/ Kenneth Nash
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Schlittler, David
Combined Opinion