Ares Wendell Hiatt v. State ( 2020 )

Order entered January 8, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00564-CR
ARES WENDELL HIATT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 366th Judicial District Court
Collin County, Texas
Trial Court Cause No. 366-80604-2018
ORDER
Appellant, who was convicted of aggravated sexual assault of a child under the age of six
years, filed his brief on December 20, 2019. In his brief, appellant identifies the child victim and
another child by name. This Court does not allow a party to file a brief that discloses the names
of child victims, child witnesses, or any other children discussed or identified at trial in an
aggravated sexual assault case. 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 TEN DAYS of the date of this order, an amended
brief that identifies any child victim and any other child (including witnesses) either generically
(for example, “victim” or “victim’s younger sister”) or by initials only, including when quoting
relevant portions of the record, giving a statement of the case, or attaching an appendix.
We DIRECT the Clerk to send copies of this order to Malcolm Miranda and the Collin
County District Attorney.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE