Perry, Ex Parte James Richard "Rick" ( 2015 )

PD-1067-15
COURT OF CRIMINAL APPEALS
FILED IN AUSTIN, TEXAS
COURT OF CRIMINAL APPEALS Transmitted 9/9/2015 10:28:05 AM
September 9, 2015
Accepted 9/9/2015 12:59:02 PM
ABEL ACOSTA
NO. CLERK
ABELACOSTA, CLERK
IN THE
COURT OF CRIMINAL APPEALS OF TEXAS yc
AtSId. at 10-32.
Governor Perry filed his petition for discretionary review on August 18,2015,
seeking review only of the court of appeals' opinion regarding cognizability as to
Count I. Ten days later, however, the State Prosecuting Attorney filed a petition
seeking review on Count II. Governor Perry therefore must raise conditionally as
supplemental grounds for review the court of appeals' denial of cognizability as to
Count II.
On September 7, 2015, Governor Perry attempted to file what he labeled a
cross-petition for discretionary review under Tex.R.App.P. 68.2(b), raising the court
ofappeals' denial ofrelief on Count II on cognizability grounds in the event the Court
granted review of the State Prosecuting Attorney's petition. On September 8, the
Clerk's Office rejected Governor Perry's filing, advising Governor Perry's counsel that
the most appropriate manner to proceed is to seek leave to supplement his originally
filed petition with the additional, supplemental, and contingent grounds for review.
While undersigned counsel do not believe that the rules require that Governor Perry's
petition be supplemented in order to preserve his supplemental, contingent grounds
for review, they file this motion in compliance with the Clerk's direction in order to
put all the issues before the Court. The supplement to the petition seeks review ofthe
court of appeals' opinion regarding cognizability as to Count II if, but only if, this
Court grants review ofthe State's petition. Thus, none ofthe grounds presented in the
supplement need to be addressed by this Court unless it first determines that the
judgment of the court of appeals as to Count II was in error and should be reversed.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Governor Perry respectfully prays
that this Court grant leave to file his supplement to petition for discretionary review
because "justice requires" that he be permitted to do so. See Tex.R.App.P. 68.10.
Respectfully submitted,
THE BUZBEE LAW FIRM BAKER BOTTS L.L.P.
/s/ Anthony G. Buzbee /s/ Thomas R. Phillips
Anthony G. Buzbee Thomas R. Phillips
State Bar No. 24001820 State Bar No. 00000102
JPMorgan Chase Tower San Jacinto Center
600 Travis Street, Suite 7300 98 San Jacinto Blvd., Suite 1500
Houston, Texas 77002 • Austin, Texas 78701-4078
Tbuzbee@txattorneys.com tom.phillips@bakerbotts.com
Telephone: 713-223-5393 Telephone: 512-322-2565
Facsimile: 713-223-5909 Facsimile: 512-322-8363
BOTSFORD & ROARK
/s/David L. Botsford
David L. Botsford
State Bar No. 02687950
1307 West Ave.
Austin, Texas 78701
dbotsford@aol.com
Telephone: 512-479-8030
Facsimile: 512-479-8040
CERTIFICATE OF SERVICE
This is to certify that a true and complete copy of this document has been
emailed to Michael McCrum at michael@McCrumlaw.com, David Gonzalez at
david@sg-llp.com and to Lisa McMinn, State Prosecuting Attorney, at
lisa.mcminn@spa.texas.gov on the same date it was electronically filed with the Clerk
of the Court of Criminal Appeals.
/s/ David L. Botsford
David L. Botsford