Ukwuachu, Samuel ( 2017 )

PD-0366-17 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 12/21/2017 10:44 AM Accepted 12/21/2017 10:56 AM DEANA WILLIAMSON No. PD-0366-17 CLERK IN THE COURT OF CRIMINAL APPEALS FILED COURT OF CRIMINAL APPEALS 12/21/2017 OF THE STATE OF TEXAS DEANA WILLIAMSON, CLERK SAMUEL UKWUACHU, Appellant v. THE STATE OF TEXAS, Appellee Appeal from McLennan County * * * * * STATE’S MOTION FOR CLARIFICATION ON ORAL ARGUMENT * * * * * Stacey M. Soule State Prosecuting Attorney Bar I.D. No. 24031632 John R. Messinger Assistant State Prosecuting Attorney Bar I.D. No. 24053705 P.O. Box 13046 Austin, Texas 78711 information@spa.texas.gov 512/463-1660 (Telephone) 512/463-5724 (Fax) TO THE HONORABLE COURT OF CRIMINAL APPEALS: This Court has granted oral argument in this case, which involves the admissibility vel non of evidence under Texas Rule of Evidence 412, “Evidence of Previous Sexual Conduct in Criminal Cases.” The relevant record was sealed by the trial court pursuant to Rule 412(d), and the briefing at both levels of this appeal has been sealed. Oral argument would be virtually useless without discussion of the sealed record. It would thus be inappropriate for oral argument to be conducted as usual, i.e., in a forum open to the general public. This raises a number of concerns that require clarification. If the hearing is closed to the general public, who may attend? The victim, her family, and even close friends? The rule is intended to protect her privacy, and many of them are already familiar with the facts and/or testified at trial. What about the other attorneys who represented the parties throughout this process? They are familiar with the facts, as well. The Court should address these basic concerns and any other alteration(s) to regular procedure that it deems necessary or conducive to proper presentation of the issues. PRAYER FOR RELIEF WHEREFORE, the State of Texas prays that the Court of Criminal Appeals grant its motion to clarify the procedures for this “sealed” oral argument, including 1 identifying the persons permitted to attend, and to grant any other relief deemed appropriate. Respectfully submitted, /s/ John R. Messinger JOHN R. MESSINGER Assistant State Prosecuting Attorney Bar I.D. No. 24053705 P.O. Box 13046 Austin, Texas 78711 information@spa.texas.gov 512/463-1660 (Telephone) 512/463-5724 (Fax) CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 21st day of December, 2017, the State’s Motion for Clarification on Oral Argument has been electronically served on the following: Sterling Harmon Appellate Division Chief 219 North 6th Street, Suite 200 Waco, Texas 76701 sterling.harmon@co.mclennan.tx.us William A. Bratton, III 2828 Routh Street, Suite 675 Dallas, Texas 75201 bill@brattonlaw.com /s/ John R. Messinger John R. Messinger Assistant State Prosecuting Attorney 2