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

PD-1067-1 COURT OF CRIMINAL APPEAL AUSTIN, TEXA Transmitted 11/12/2015 4:35:24 PI Accepted 11/13/2015 8:04:41 Af ABEL ACOST, No. PD-1067-15 CLER TO THE COURT OF CRIMINAL APPEALS FILED IN COURT OF CRIMINALAPPEALS OF THE STATE OF TEXAS November 13, 2015 ABELACOSTA, CLERK Ex parte James Richard "Rick" Perry Appeal from Travis County MOTION FOR LEAVE TO FILE STATE'S RESPONSE TO APPELLANT'S BRIEF ON THE MERITS ADDRESSING THE STATE'S PETITION FOR DISCRETIONARY REVIEW * * LISA C. McMINN State Prosecuting Attorney Barl.D. No. 13803300 P.O. Box 13046 Austin, Texas 78711 information@spa.texas.gov 512/463-1660 (Telephone) 512/463-5724 (Fax) TO THE HONORABLE COURT OF CRIMINAL APPEALS: On October 7, 2015, this Court granted Appellant's and the State's Petitions for Discretionary Review and expedited briefing and oral argument. Oral argument is scheduled for November 18, 2015. The State's Response, filed contemporaneously with this motion, addresses some of the arguments raised in Appellant's Brief. This case presents complex constitutional issues, and the State believes its response will clarify the issues for oral argument and aid the Court in its decision. WHEREFORE, the State of Texas prays that this Court grant its motion for leave to file State's Response to Appellant's Brief on the Merits Addressing the State's Petition for Discretionary Review. Respectfully submitted, /s/ LISA C. McMINN LISA C. McMINN State Prosecuting Attorney Barl.D. No. 13803300 P.O. Box 13046 Austin, Texas 78711 information@spa.texas.gov 512/463-1660 (Telephone) 512/463-5724 (Fax) CERTIFICATE OF SERVICE The undersigned certifies that on this 12th day of November, 2015, the State's Motion for Leave to File Response to Appellant's Briefon the Merits Addressing the State's Petition for Discretionary Review was served via certified electronic service provider to: Anthony G. Buzbee Tbuzbee@txattomeys.com David L. Botsford dbotsford@aol.com Thomas R. Phillips tom.phillips@bakerbotts.com Michael McCrum michael@McCrumlaw.com David Gonzalez david@sg-llp.com Isi LISA C. McMINN LISA C. McMINN State Prosecuting Attorney