Ex Parte Kerry G. Jones ( 2015 )

ACCEPTED
14-14-00489-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
9/17/2015 2:52:26 PM
CHRISTOPHER PRINE
CLERK
IN THE
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS FILED IN
14th COURT OF APPEALS
_________________________________________________________
HOUSTON, TEXAS
9/17/2015 2:52:26 PM
NO. 14-14-00489-CR CHRISTOPHER A. PRINE
Clerk
________________________________________________________
EX PARTE:
KERRY G. JONES
___________________________________________________________
On Appeal from Cause Number 1283329-A
TH
230 Judicial District Court of Harris County, Texas
___________________________________________________________
APPELLANT’S MOTION FOR REHEARING
To The Honorable Court:
Comes now, Kerry G. Jones, Appellant and files this motion for rehearing of
the Opinion rendered by the Fourteenth Court of Appeals of Texas pursuant to
T.R.A.P. 49.1, in which he relies on the following points:
Point for Review No. 3
With regard to his third point for review, Appellant respectfully submits that
this Court erred in assuming that child pornography would be found on a computer
Appellant owned when the only evidence set out in the search warrant affidavit was
was that Appellant made four one month subscription purchases to websites
Page -1-
connected with the sale of child pornography, with the last purchase occurring
roughly 24 months before the search warrant of Appellant’s residence took place.
There is also no evidence in the record that a download from these websites took
place or that photos were retrieved from the identified websites. Appellant believes
this Court’s ruling stand for the proposition that a search warrant affidavit showing
that a person who has subscribed to a child pornography website over a protracted
period of time automatically establishes probable cause to conduct a search of that
person’s home and personal computers indefinitely thereafter. This analysis conflicts
with Fourth Amendment principles in general, and in particular the Amarillo Court
of Appeals in Taylor v. State, 54 S.W.3d 21 (Tex.App.–Amarillo 2011, no pet.).
PRAYER
Wherefore, premises considered, this Court should grant Appellant’s motion
for rehearing in this cause.
Respectfully submitted,
/s/ James D. Lucas
James D. Lucas
2316 Montana Avenue
El Paso, Texas 79902
Tel: (915)352-8811
Fax: (915) 532-8807
SBN 12658300
jlucas2@elp.rr.com
Page -2-
CERTIFICATE OF SERVICE
I certify that a true copy of this Motion for Rehearing was served in accordance with
rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead counsel
as follows:
Party: Devon Anderson
District Attorney
Appellate Counsel
1201 Franklin, Suite 600
Houston, Texas 77002
Method of service: Electronic means.
Date of service: September 17, 2015
/s/ James D. Lucas
James D. Lucas, Attorney for Appellant
Page -3-