FILED IN PD-1505-14
COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
May 26, 2015 Transmitted 5/22/2015 10:40:54 AM
Accepted 5/26/2015 8:29:18 AM
ABELACOSTA,CLERK ABEL ACOSTA
Case No. PD-1505-14 CLERK
In the Court of Criminal Appeals of Texas
David Schlittler v. The State of Texas
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 Post-Argument Brief
For the following reasons, David Schlittler (Appellant) requests leave to fil{
an Appellant's Post-Argument Brief
1. Upon a party's motion, this Court may permit the filing of additional
briefs. Rule 70.4, Rules of Appellate Procedure.
2. On May 20, 2015, this Court heard oral arguments presented by both
parties in this case. During the course of those arguments members of the Court
propounded several questions upon the parties' attorneys in which Schlittler
believes the answers require some clarification.
3. Schlittler does not intend to re-hash the arguments adequately set forth in
the briefs previously filed .with the Court. Instead, Schlittler intends to focus
primarily on (1) the extent of the fundamental right implicated here, (2) the applied
as opposed to facial challenge to the statute, and (3) the class as defined by Art.
62.001 (5), Code of Criminal Procedure. Schlittler believes that he can clarify these
matters within 10 pages of text.
4. Schlittler can complete his legal research and draft and file a post-
argument brief by the end of next week, 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 Post-Argument Brief no later than May 29, 2015.
Respectfully submitted,
State Counsel for Offenders
Attorney for Appellant
/s/ Kenneth Nash
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 May 22,
2015, who does not oppose this motion.
/s/ Kenneth Nash
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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 of 219 words (excluding the items exempted in Rule
9 .4(i)(l) ).
/s/ 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 Post-Argument
Brief 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 May 22, 2015.
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.texa.gov
' /s/ Kenneth Nash
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Schlittler, David
Combined Opinion