Smiley, Rodney Elnesto ( 2015 )

FILED IN
WR-31,454-04
COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
July 2, 2015 Transmitted 7/2/2015 9:35:46 AM
Accepted 7/2/2015 9:51:40 AM
ABEL ACOSTA
ABELACOSTA, CLERK No. WR-31,454-04 CLERK
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
EX PARTE RODNEY ELNESTO SMILEY ^;<
V
A
On Application for a Writ of Habeas Corpus
Trial Court Cause No. W94-02954-U(B)
291 st Judicial District Court
Dallas County, Texas
Applicant's Unopposed Motion for Leave to File a Reply to the Brief filed by
the Texas Department of Criminal Justice ("TDCJ")
For the following reasons, Rodney Elnesto Smiley (Applicant) requests
leave to file a Reply to TDCJ's Brief.
1. Upon a party's motion, this Court may permit the filing of additional
briefs. Rule 70.4, Rules of Appellate Procedure. Generally, an appellant may file
a reply brief addressing any matter in the TDCJ's responsive brief. Rule 38.3,
Rules of Appellate Procedure. A computer-generated reply brief is limited to
7,500 words. Rule 9.4(i)(2)(C), Rules of Appellate Procedure. And it must be
filed within 20 days. Rule 38.6(c), Rules of Appellate Procedure.
2. TDCJ filed its brief in this case on June 29, 2015. Therefore, any reply
brief would be due no later than July 20, 2015. This case has not be set for either
oral argument or submission.
3. Upon review of TDCJ's brief, Applicant believes that a reply is
warranted to address TDCJ's assertion that Applicant is claiming for the first time
in his brief that he should be released to mandatory supervision for his theft
conviction, TDCJ's assertion that Applicant's claims are moot, and TDCJ's
assertion that the controlling sentence may change during an inmate's
incarceration.
5. Applicant's request is not made for purposes of delay but for a thorough
and proper presentation of his arguments.
6. For the foregoing reasons, Applicant prays that this Court grant him leave
to file a Reply Briefno later than July 20, 2015.
Respectfully submitted,
State Counsel for Offenders
Attorney for Appellant
Isi Nicholas Mensch
Texas Bar No. 24070262
P. O. Box 4005
Huntsville, TX 77342
Telephone no. 936-437-5252
Facsimile no. 936-437-5279
Nicholas.mensch@tdcj.texas.gov
Certificate of Conference
In compliance with Rule 10.1(5), Rules of Appellate Procedure, I certify that
I conferred with TDCJ's attorney, Joseph Corcoran, who does not oppose this
motion.
/s/ Nicholas Mensch
Certificate of Compliance
In compliance with Rule 9.4(i)(3), Rules of Appellate Procedure, I certify
that this computer-generated document complies with the typeface requirements of
Rule 9.4(e) and is comprised of 493 words (excluding the items exempted in Rule
9.4(i)(l)).
/s/ Nicholas Mensch
Certificate of Service
In compliance with Rule 9.5(e), Rules of Appellate Procedure, I certify that
a copy of the foregoing Motionfor Leave to File a Reply Briefwas served on the
following parties noted below by one or more of the following: certified mail
(return receipt requested), facsimile transfer, or electronic mail (e-mail), on July 2,
2015.
Joseph P. Corcoran
Assistant Attorney General
Supervising Attorney for Non-Capital Appeals
Criminal Appeals Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
(512) 936-1400/(512) 936-1280 fax
E-mail address: Joseph.Corcoran@texasAttorneyGeneral.gov
Susan Hawk
Dallas County District Attorney
Frank Crowley Courts Building
133 N. Riverfront Blvd., LB 19
Dallas, TX 75207
(214) 653-3600/(214) 653-5774 (fax)
Is/ Nicholas Mensch