PD-1358-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/6/2016 11:24:24 AM
Accepted 6/6/2016 11:39:16 AM
June 6, 2016 ABEL ACOSTA
NO. PD-1358-15 CLERK
NO. PD-1359-15
NO. PD-1360-15
NO. PD-1361-15
_____________________________________
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
_____________________________________
APPEAL FROM THE FOURTEENTH COURT OF APPEALS OF TEXAS
NO. 14-14-00307-CR
NO. 14-14-00308-CR
NO. 14-14-00309-CR
NO. 14-14-00310-CR
_____________________________________
Eric Lynn Baumgart
Appellant
VERSUS
The State of Texas
Appellee
_____________________________________
APPELLANT’S MOTION FOR LEAVE TO FILE A
REPLY TO STATE’S MERIT BRIEF
_____________________________________
Michael D. Gillespie
SBOT # 07926500
Gillespie Law Firm
226 Sheldon Road
Channelview, Texas 77530
Tel. 281-457-9999
Fax. 281-457-0990
TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:
INTO COURT COMES, ERIC LYNN BAUMGART, the appellant, who
files this motion, through the attorney designated herein, and in support of said
motion would respectfully show the court as follows:
On May 23, 2016 the prosecution-appellee filed its merit brief in this case
and it raised arguments that warrant a reply. The appellant’s reply, filed
contemporaneously with this motion, addresses important issues created in the
appellee’s merit brief.
Wherefore, premises considered, the appellant requests the court to grant
this motion and to allow the appellant to file his reply.
Respectfully submitted by:
Michael D. Gillespie
SBOT # 07926500
Attorney for:
Eric Lynn Baumgart
Appellant
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CERTIFICATE OF COMPLIANCE
Pursuant to Rule 9.4(i)(3) of the Texas Rules of Appellate Procedure, it is
certified that this document contains 98 words for included sections as defined
under Rule 9.4(i)(1) and that it is compliant with Rule 9.4(i)(3)(D).
CERTIFICATE OF SERVICE
Pursuant to Rule 9.5(d) of the Texas Rules of Appellate Procedure, it is
certified that a true copy of these papers were served on the following parties:
State Prosecuting Attorney
Via: Email to lisa.mcminn@spa.texas.gov
Harris County District Attorney
Via: Email to curry_alan@dao.hctx.net
Email to mccrory_daniel@dao.hctx.net
Andrew M. Bayley
Attorney for Amici Curiae
Via: Email to andrew@bayleylawfirm.com
William S. Marks
Amicus Curiae pro se
Via: Email to wsmarks385@yahoo.com
Texas Attorney General
General Litigation Division
Via: Email to const_claims@texasattorneygeneral.gov
Certified by:
Michael D. Gillespie
SBOT # 07926500
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Baumgart, Eric L.
Combined Opinion