PD-1067-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 11/9/2015 7:12:08 PM
November 9, 2015 Accepted 11/10/2015 8:13:48 AM
PD-1067-15 ABEL ACOSTA
CLERK
In the Court of
Criminal Appeals of Texas
EX PARTE JAMES RICHARD “RICK” PERRY
On Petition for Discretionary Review from the District Court for the 390th Judicial
District Travis County, Texas, Case No. D-1-DC-14-100139, and the Texas Court
of Appeals for the Third District, at Austin, Case No. 03-15-00063-CR
UNOPPOSED MOTION OF AMICI CURIAE CONSTITUTIONAL AND CRIMINAL
LAW EXPERTS AS AMICI CURIAE TO PARTICIPATE IN ORAL ARGUMENT
Eugene Volokh James C. Ho
California Bar No. 194464 Texas Bar No. 24052766
Gary T. Schwartz Professor of Law Prerak Shah
SCOTT & CYAN BANISTER Texas Bar No. 24075053
FIRST AMENDMENT CLINIC Bradley G. Hubbard
UCLA SCHOOL OF LAW Texas Bar No. 24090174
385 Charles E. Young Dr. East GIBSON, DUNN & CRUTCHER LLP
Los Angeles, CA 90095 2100 McKinney Avenue, Suite 1100
Tel.: (310) 206-3926 Dallas, TX 75201-6912
volokh@law.ucla.edu Tel.: (214) 698-3264
Fax: (214) 571-2917
jho@gibsondunn.com
pshah@gibsondunn.com
bhubbard@gibsondunn.com
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UNOPPOSED MOTION OF AMICI CURIAE CONSTITUTIONAL AND CRIMINAL
LAW EXPERTS AS AMICI CURIAE TO PARTICIPATE IN ORAL ARGUMENT
Amici curiae Constitutional and Criminal Law Experts respectfully file this
motion for leave of court to share in the oral argument time allotted to Appellant,
former Governor Rick Perry. In support of this motion, amici state as follows:
1. Amici are an ideologically diverse coalition of experts in the fields of
constitutional and criminal law—including former judges, solicitors general,
prosecutors, criminal defense lawyers, constitutional litigators, and professors on
both sides of the aisle. They represent virtually the entire political spectrum and
have no personal or political stake in this case. They have filed an amicus brief in
this case for one simple reason: They are committed to the rule of law, and think
the prosecution of Gov. Perry undermines the rule of law.
2. Amici respectfully seek to share Appellant’s time for oral argument, a
request to which Appellant consents. See Tex. R. App. P. 39.5 (“With leave of
court obtained before the argument and with a party’s consent, an amicus curiae
may share allotted time with that party.”); see, e.g., Docket Sheets for No. PD-
1371-13 (Tex. Crim. App. April 14, 2014) (granting amicus curiae’s motion to
share in argument time); No. 12-0518 (Tex. Sept. 11, 2012) (same); No. 11-0589
(Tex. Oct. 21, 2011) (same); No. 08-0465 (Tex. July 24, 2009) (same); No. AP-
75,898 (Tex. Crim. App. May 2, 2008) (noting oral-argument appearance of
amicus curiae); No. AP-75,207 (Tex. Crim. App. Sept. 2, 2005) (same); No. 96-
0745 (Tex. Oct. 13, 1996) (granting amicus curiae’s motion to share in argument
time).
3. Amici proposes to be represented at oral argument by Eugene Volokh,
who is filing this day a motion to be admitted pro hac vice for that purpose. Mr.
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Volokh is the Gary T. Schwartz Professor of Law at the UCLA School of Law and
is a noted First Amendment scholar who runs UCLA’s Scott & Cyan Banister First
Amendment Clinic. His expertise in that area may further assist this Court in
deciding the constitutional issues in this case. Mr. Volokh has previously argued
before this Court on behalf of amici curiae in Ex Parte Thompson, No. PD-1371-
13 (Tex. Crim. App.).
4. Mr. Volokh has conferred with counsel for Appellant, David L.
Botsford, regarding the oral argument on November 18, 2015. Mr. Botsford has
authorized Mr. Volokh to represent to this Court that Appellant has no objection to
and consents to amici presenting oral argument responding to the First Amendment
issues presented by the State’s Petition for Discretionary Review. Mr. Botsford
agrees to use only twenty minutes of his thirty minutes, yielding the last ten
minutes to Mr. Volokh (i.e., the time immediately preceding the State’s rebuttal
argument on its petition for discretionary review), should the Court agree that oral
argument by amici is appropriate.
5. Counsel for amici has also conferred with counsel for the State of
Texas, Lisa McMinn, who confirmed that the State does not oppose this motion.
6. In sum, amici respectfully request that the Court grant them leave to
participate in oral argument by granting Mr. Volokh ten minutes of the thirty
minutes Appellant has been granted to respond to the State’s petition for
discretionary review.
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DATED: November 9, 2015 Respectfully submitted,
/s/ James C. Ho
Eugene Volokh James C. Ho
California Bar No. 194464 Texas Bar No. 24052766
Gary T. Schwartz Professor of Law Prerak Shah
UCLA SCHOOL OF LAW Texas Bar No. 24075053
385 Charles E. Young Dr. East Bradley G. Hubbard
Los Angeles, CA 90095 Texas Bar No. 24090174
Tel.: (310) 206-3926 GIBSON, DUNN & CRUTCHER LLP
volokh@law.ucla.edu 2100 McKinney Avenue, Suite 1100
Dallas, TX 75201-6912
Tel.: (214) 698-3264
Fax: (214) 571-2917
jho@gibsondunn.com
pshah@gibsondunn.com
bhubbard@gibsondunn.com
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CERTIFICATE OF SERVICE
I hereby certify that, on November 9, 2015, a true and correct copy of the
foregoing was served via electronic mail on the following counsel of record for all
parties in this case:
Lisa C. McMinn David L. Botsford
State Prosecuting Attorney BOTSFORD & ROARK
P.O. Box 13046 1307 West Avenue
Austin, Texas 78711 Austin, TX 78701
Michael McCrum Anthony G. Buzbee
District Attorney Pro Tem THE BUZBEE LAW FIRM
Travis County, Texas JPMorgan Chase Tower
700 N. St. Mary’s St., Suite 1900 600 Travis Street, Suite 7300
San Antonio, TX 78205 Houston, TX 77002
David M. Gonzalez Thomas R. Phillips
Assistant District Attorney Pro Tem BAKER BOTTS LLP
Travis County, Texas 98 San Jacinto Boulevard, Suite 1500
206 East 9th Street, Suite 1511 Austin, TX 78701
Austin, TX 78701
Counsel for the State of Texas Counsel for Applicant
/s/ James C. Ho
James C. Ho
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