ACCEPTED
01-14-00240-cr
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/9/2015 5:07:00 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00240-CR
In the FILED IN
1st COURT OF APPEALS
COURT OF APPEALS HOUSTON, TEXAS
For the 1/9/2015 5:07:00 PM
FIRST SUPREME JUDICIAL DISTRICTCHRISTOPHER A. PRINE
at Houston Clerk
______________________________________
On Appeal from the 240th Judicial District Court of
Fort Bend County, Texas
Cause Number 10-DCR-055898
______________________________________
SEAN MICHAEL MCGUIRE, Appellant
v.
THE STATE OF TEXAS, Appellee
_____________________________________
APPELLANT’S MOTION TO EXCEED WORD COUNT
______________________________
TO THE HONORABLE JUSTICES OF THE FIRST COURT OF
APPEALS:
COMES NOW, Sean Michael McGuire, Appellant herein, by and through
his attorney of record, Kristen Jernigan, and files this, his Motion to Exceed Word
Count. In support of said motion, Appellant would show the Court the following:
1. Contemporaneous with this filing, the undersigned filed Appellant’s
brief in this case which consists of 16,240 words.
2. The trial in this case lasted almost two weeks and the record is at least
twenty-seven volumes. Appellant was convicted of the offense of murder. This
case involved extensive legal research into complex legal issues such as an illegal
blood draw in violation of Missouri v. McNeely, 133 S.Ct. 1522 (2013) and the
Court of Criminal Appeals’ recent decision in The State of Texas v. Villarreal, No.
PD-0306-14, delivered on November 26, 2014.
3. In addition, Appellant raised eight points of error. Two of those
points of error involve pre-trial matters which were extensively litigated including
a challenge to the indictment and a motion for change of venue. Appellant’s
other points of error challenge the sufficiency of the evidence, the chain of custody
and admissibility of a blood vial, a warrantless blood draw in violation of Missouri
v. McNeely, 133 S.Ct. 1522 (2013), the validity of a conviction used to enhance
Appellant’s punishment, the lack of affirmative links to tie Appellant to two prior
convictions at the guilt or innocence phase of trial, and the bias of a seated juror.
4. It was necessary for the undersigned to exceed the word count to
sufficiently address the errors that occurred at trial. The undersigned has never
before filed a motion to exceed the word count in any Court of Appeal.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully
requests that this Court grant his Motion to Exceed Word Count.
Respectfully submitted,
_______/s/__Kristen Jernigan______
KRISTEN JERNIGAN
State Bar Number 90001898
207 S. Austin Ave.
Georgetown, Texas 78626
(512) 904-0123
(512) 931-3650 (fax)
Kristen@txcrimapp.com
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the
foregoing Appellant’s Motion to Exceed Word Count has been mailed to the Fort
Bend County District Attorney’s Office, 301 Jackson, Richmond, Texas 77469, on
January 9, 2015.
__/s/ Kristen Jernigan__________________
Kristen Jernigan
2
Sean Michael McGuire v. State
Combined Opinion