Paul Wayne Harris v. State ( 2015 )

ACCEPTED
14-14-00514-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
6/5/2015 2:19:02 PM
CHRISTOPHER PRINE
CLERK
Cause No. 14-14-00514-CR
IN THE COURT OF APPEALS FILED IN
14th COURT OF APPEALS
HOUSTON, TEXAS
FOURTEENTH JUDICIAL DISTRICT 6/5/2015 2:19:02 PM
CHRISTOPHER A. PRINE
HOUSTON, TEXAS Clerk
PAUL WAYNE HARRIS
APPELLANT
VS.
THE STATE OF TEXAS,
APPELLEE
LETTER REPLY BRIEF FOR
PAUL WAYNE HARRIS,
APPELLANT
Cause No. 11-DCR-057904
In the 268th Judicial District Court of
Fort Bend County, Texas
David Alan Disher
Attorney for the Appellant,
SBC # 05895600
1167 FM 2144, Schulenburg, Texas 78956
Telephone Number: 979-263-5174
Fax Number: 979-263-5183
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TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Comes now, Paul Wayne Harris, Appellant, by and through his
attorney of record David Alan Disher, presents this Letter Reply Brief For
Paul Wayne Harris, Appellant, in the above entitled and numbered cause and
would show the following:
Appellant has shown prejudice on the record, both District Clerk’s
and reporter’s record through numerous citations thereof. Further, Appellant
has shown prejudice on the nine specific instances of trial court error not
objected to by Appellant’s trial counsel but briefed on the record with
citations to statutes and case law. Appellant’s brief pages 36-44. See also
pages 45 and 46 Ibid. None of the nine failures of trial counsel to object to
the court’s errors are consistent with the State’s purported trial counsel’s
strategy or any other sound trial court strategy one could conceive .
According to the State, Appellant’s trial counsel’s failure to object to the
errors of the court was excused by the trial counsel’s sound strategy of the
following defensive theory that “...the complainant had fabricated the
allegations in this case out of anger toward Appellant.” State’s brief at page
16. Appellant’s counsel on appeal is unable to see the logic in State’s
argument.
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Although the State would like the Appeals Court to be dismissive of
Appellant’s brief, TEX. R. APP. P. 38.9 entitled Briefing Rules to be
Construed Liberally and the Bufkin case are informative. Bufkin v.
State, 179 S.W.3d 166, 173-174 (Tex.App.—Houston [14th Dist.] 2005)
aff’d, 207 S.W.3d 779 (Tex.Crim.App.2006) held, “[T]he State chastens this
court for failing to address its contention that appellant has failed to present
anything for review by omitting citations to the record regarding this point
of error. [I]t is the court’s prerogative, not the parties’, to insist on unerring
compliance with the briefing rules. Where… the court has had no difficulty
locating the pertinent portions of the record relating to appellant’s third point
of error, it is within the court’s discretion to review the point of error.”
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PRAYER FOR RELIEF
For the reasons herein alleged, Appellant urges the court of appeals to
consider Appellant’s brief on its merits and grant a new trial.
Respectfully submitted,
/s/ David Alan Disher
______________________________
David Alan Disher, TBC # 05895600
Attorney at Law
1167 FM 2144
Schulenburg, Texas
Phone number: 979-263-5174
Fax number: 979-263-5183
E-mail: disherdave@aol.com
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CERTIFICATE OF COMPLIANCE
I certify, pursuant to TEX. R. APP. P. 9.4i (2) (C) and TEX. R. APP. P.
9.4i (3) that a copy of this document contains 696 words (containing all parts
of the document except as excluded by TEX. R. APP. P. 9.4i (1)).
/s/ David Alan Disher
______________________________
David Alan Disher, TBC # 05895600
Attorney at Law
1167 FM 2144
Schulenburg, Texas
Phone number: 979-263-5174
Fax number: 979-263-5183
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CERTIFICATE OF SERVICE
I certify that the original foregoing Letter Reply Brief for Paul Wayne
Harris, Appellant, has been filed via e-filing on
Mr. Christopher A. Prine, Clerk
The Fourteenth Court of Appeals
301 Fannin Street
Suite 245
Houston, Texas 77002
And a copy of the foregoing Letter Reply Brief for Paul Wayne Harris,
Appellant, has been served on
Mr. John F. Healey, Jr.
Fort Bend County Criminal District Attorney
Fort Bend County Courthouse
1422 Eugene Heimann Circle
Richmond, Texas 77469
Via postpaid, U.S. mail, return receipt requested or via personal delivery
And a copy of the foregoing Letter Reply Brief for Paul Wayne Harris,
Appellant, has been served on Paul Wayne Harris, Appellant, at his last
known address of
Larry Gist Unit
3925 FM 3514
Beaumont, Texas 77705
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On this the 5th day of June, 2015.
Respectfully submitted,
/s/ David Alan Disher
______________________________
David Alan Disher, TBC # 05895600
Attorney at Law
1167 FM 2144
Schulenburg, Texas
Phone number: 979-263-5174
Fax number: 979-263-5183
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