ap-77,03
FILED IN COURT OF CRIMINAL APPEAL
COURT OF CRIMINALAPPEALS AUSTIN, TEXA
Transmitted 7/29/2015 9:53:09 Af
July 29, 2015
Accepted 7/29/2015 10:04:46 Af
ABEL ACOST,
ABELACOSTA, CLERK No. AP-77,031 CLER
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CHQ^^
FRANKLIN DAVIS,
Appellant
THE STATE OF TEXAS,
Appellee
STATE'S MOTION FOR LEAVE TO FILE BRIEF
EXCEEDING WORD LIMIT
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
THE STATE OF TEXAS, by and through the Criminal District Attorney of
Dallas County, respectfully requests leave to file a brief exceeding the 37,500-
word limit. In support of this motion, the State would show the following:
Appellant is confined pursuant to the judgment and sentence of Criminal
District Court No. 7 of Dallas County, convicting him of the capital murder of
Shania Gray. On November 16, 2013, the jury answered the special issues so as to
support the imposition of a death sentence, and the trial court sentenced him to
death. Appeal to this Court is automatic. After requesting two extensions,
Appellant filed his brief on February 27, 2015. The State's brief was originally
due on March 30, 2015, but the deadline was extended until today, July 29, 2015.
The State timely tenders its brief along with this motion. The State's brief is
43,689 words in length (excluding caption, table of contents, index of authority,
statement regarding oral argument, statement of the case, summary of the
argument, signature, certificate of compliance, and certificate of service). See Tex.
R. App. P. 9.4(i)(l).
II.
Rule 9.4(i)(2)(A) of the Texas Rules of Appellate Procedure provides that a
brief on direct appeal in a death penalty case is limited to 37,500 words if
computer-generated. Rule 9.4(i)(4), however, provides that this Court may, on
motion, permit a longer brief. The State respectfully requests permission to exceed
the word limit for the following reasons:
Appellant's brief contains 48 issues and is 148 pages long. Many of the
issues in his brief contain only conclusory arguments rather than a full application
of the law to the facts. By contrast, the State's responses fully address the merits
of Appellant's claims as well as matters relating to preservation and harm.
The State responded with brevity where possible. But given the serious
nature of the case and the issues raised, a factual and legal analysis of some depth
was required.
III.
For all of the foregoing reasons, counsel respectfully requests leave to file a
brief that exceeds the word limit provided in Tex. R. App. P. 9.4(i)(2)(A).
WHEREFORE, PREMISES CONSIDERED, the State respectfully requests
the Court grant the State's request for leave to file a brief exceeding the word limit.
Respectfully submitted,
/s/ Rebecca D. Ott
Susan Hawk Rebecca D. Ott
Criminal District Attorney Assistant District Attorney
Dallas County, Texas State Bar No. 24074842
Frank Crowley Courts Building
133 N. Riverfront Blvd., LB-19
Dallas, Texas 75207-4399
(214) 653-3625 | (214) 653-3643/ax
rebecca.ott@dallascounty.org
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing motion was served on John
Tatum, attorney for Appellant, 990 South Sherman Street, Richardson, Texas,
75081, jtatumlaw@gmail.com, via email and United States mail, on July 29, 2015.
/s/ Rebecca D. Ott
Rebecca D. Ott