Jolly Dee Neely v. State ( 2015 )

ACCEPTED
12-14-00309-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
6/26/2015 4:00:43 PM
CATHY LUSK
CLERK
12-14-00309-CR
JOLLY NEELY § IN THE COURT OF APPEALS
§ FILED IN
vs. § 12th COURT OF APPEALS
12th JUDICIAL DISTRICT
§ TYLER, TEXAS
STATE OF TEXAS § TYLER, TEXAS 6/26/2015 4:00:43 PM
CATHY S. LUSK
Clerk
MOTION TO RECOPNSIDER
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes James Huggler, Counsel for the Appellant, in the above styled and
numbered causes, and would show the Court as follows:
I. Factual and Procedural Background
Counsel was appointed to serve as appellate counsel in these matters on October
27, 2014. Counsel filed an Anders brief on April 10, 2105. Anders v. California, 386
U.S. 738 (1967). On May 13, 2015, the Court granted Appellant’s Motion for access to
the appellate record. On June 5, 2015, this Court received a letter from the trial court
regarding access to the record. Appellant’s pro se Brief is due on July 1, 2015.
II. Grounds for Reconsideration
On June 22, 2015, Counsel received a letter from Appellant regarding access to
the record. As this Court knows, even though Counsel filed a Brief, he still is counsel
of record for Mr. Neely and has continuing obligations to represent him. Kelly v. State,
436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014).
On June 5, 2015, a letter was filed by the trial court judge in this case with the
Clerk for the Twelfth Court of Appeals. The letter appears to be mailed, not filed
electronically, and was not made part of a supplemental record prepared by the Smith
County Clerk’s Office. See Brandon Simmons v. State, No. 12-14-00159-CR,
Supplemental Clerk’s Record filed on October 28, 2014.
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On or after June 23, 2015, counsel contacted the Clerk’s Office for the Twelfth
Court of Appeals to obtain a copy of the letter filed by the trial court on June 5, 2015.
The deputy clerk was unsure as to whether she could provide a copy or not and advised
she would contact counsel after she checked, presumably with a justice. The clerk
called back that same afternoon and stated that because the trial court judge had not
included counsel on the letter, that the Clerk;’s Office would not be able to release a
copy of the letter to counsel, and that he could obtain the same from the trial court.
The problem with that thinking is that there is a document, filed in this Court,
upon which the justices of this Court relied in setting a briefing date, to which counsel
has been denied access.
III. Prayer for Relief
Counsel requests that this Court reconsider the decision made June 23, 2015
denying access to a document relied on by this Court and that he receive a copy of the
letter filed by the trial court on June 5, 2015 with the Clerk’s Office for the Twelfth
Court of Appeals, and for other such relief as the Court may deem appropriate.
Respectfully submitted,
Law Office of James W. Huggler, Jr.
100 E. Ferguson, Suite 805
Tyler, Texas 75702
Tel: (903) 593-2400
Fax: (903) 593-3830
By: /S/ James W. Huggler, Jr.
James Huggler
State Bar No. 00795437
Attorney for Appellant
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CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing Motion has been delivered to
Michael West, Counsel for the State, and the Appellant, Jolly Neely, at the
addresses listed below on this the 26th day of June, 2015 by hand delivery or
regular mail or the State of Texas electronic filing system.
/S/ James W. Huggler, Jr.
James Huggler
Michael West Jolly Neely
Smith County District Attorney’s Office TDCJ #01967101
100 North Broadway, 4th Floor c/o Smith County Jail
Tyler, Texas 75702 206 East Elm Street
Tyler, Texas 75702
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