77,03'
COURT OF CRIMINAL APPEAL
AUSTIN, TEXA
Transmitted 11/9/2015 12:00:00 Al
Accepted 11/9/2015 7:31:16 Af
IN THE COURT OF CRIMINAL APPEALS OF TEXAS abelaS?|r
FILED IN
No. AP-77,036 COURT OF CRIMINAL APPEALS
November 9, 2015
ABELACOSTA, CLERK
JUAN BALDERAS On Direct Appeal from the
Appellant, 179th District Court of Harris,
Texas; Cause No. 1412826.
v.
THIS IS A DEATH
PENALTY CASE
THE STATE OF TEXAS
MOTION FOR LEAVE TO FILE
POST-SUBMISSION BRIEF
ORAL ARGUMENT RECEIVED 10/07/2015
R. Scott Shearer
TBA No. 00786464
917 Franklin, Suite 320
Houston, Texas 77002
(713)254-5629
(713) 224-2889 FAX
ShearerLegal@Yahoo, com
Attorney for Appellant
(court-appointed)
November 7, 2015
JUAN BALDERAS, by and through counsel on appeal, seeks leave to file
his Post-Submission Brief for Appellant. Appellant seeks to provide further briefing
based upon the questions posed by the Court at oral argument. In support of his
prayer for reversal he would respectfully show the Court the following:
I.
Appellant was convicted of capital murder. This Court granted oral argument,
which was received on October 7, 2015. No opinion has yet been issued.
II.
Many members of the Court posed questions at oral argument that were not
capable of being answered by reference to Appellant's original brief. Appellant has
briefed these questions in a post-submission brief. The post-submission brief has
been submitted contemporaneously with this motion.
III.
Upon motion by a party, this Court may permit the filing of additional briefs
other than those provided for in Rule 38. See Tex. R. App. Proc. 71.4.
PRAYER FOR RELIEF
FOR THESE REASONS, the Appellant prays the Honorable Court of
Criminal Appeals will grant this motion and order Appellant's post-submission brief
filed amongst the papers in the cause.
Respectfully submitted,
By: /s/ R. SCOTT SHEARER
R. Scott Shearer
TBA No. 00786464
917 Franiklin, Suite 320
Houston, Texas 77002
(713)254-5629
(713) 224-2889 FAX
ShearerLegal@Yahoo. com
Attorney for Appellant
(court-appointed)
CERTIFICATE OF SERVICE
I certify that a copy of this Motion for Leave to File Post-Submission Brief
for Appellant has been served upon the State of Texas by e-mailing a copy of same
to the following parties at their respective addresses on this the 7th day of November,
2015:
A.D.A. CLINTON A. MORGAN
DISTRICT ATTORNEY'S OFFICE
APPELLATE DIVISION
1201 FRANKLIN, SUITE 600
HOUSTON, TX 77002
Morgan_Clionton@dao. hctx. net
/s/ R. SCOTT SHEARER
R. Scott Shearer