Trevor Russell v. the State of Texas ( 2022 )

Order entered November 10, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00462-CR
TREVOR RUSSELL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F21-75838-T
ORDER
Before the Court is appellant’s November 8, 2022 motion to extend the time
to file his tendered brief. A review of the tendered brief reveals that on page 31, in
a passage quoting from an indictment in a prior case read into the record by the
prosecution, appellant reveals the full name of a child victim.
This Court does not allow a party to file a brief that discloses the names of
victims or witnesses who were children at the time of the offenses, or the names of
any other children discussed or identified at trial. See TEX. R. APP. P. 9.10(b)
(“Unless a court orders otherwise, an electronic or paper filing with the court,
including the contents of any appendices, must not contain sensitive data.”), id.
9.10(a)(3) (“Sensitive Data Defined. Sensitive data consists of . . . a birth date, a
home address, and the name of any person who was a minor at the time the offense
was committed.”). Accordingly, we STRIKE appellant’s brief.
We ORDER appellant to file, within THIRTY DAYS of the date of this
order, an amended brief that identifies all individuals who were children at the time
of this or any other offense either generically (for example, “victim”) or by initials
only, including when quoting relevant portions of the record or giving a statement
of the case.
We DENY AS MOOT appellant’s motion to extend the time to file his
tendered brief.
/s/ DENNISE GARCIA
JUSTICE
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