Shawn Brian Timmons v. State

Order entered October 23, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00126-CR
SHAWN BRIAN TIMMONS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause No. F18-48186-J
ORDER
We VACATE our order dated October 18, 2019.
Appellant, who was convicted of continuous sexual abuse of a child, initially tendered his
brief on October 11, 2019. Because he identified the child victim by name, we struck the brief
and ordered it refiled. Appellant tendered his amended brief on October 16, 2019. That brief still
names the child victim throughout the brief.
As we noted previously, 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 a
sexual abuse of a child 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 October 16, 2019 brief.
We ORDER appellant to file, within TEN DAYS of the date of this order, an amended
brief that identifies the 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 or giving a statement of the case. If appellant fails to file a brief
that complies by that date, we will abate for a hearing to determine why appellant is unable to
comply with this Court’s order.
We DIRECT the Clerk to send copies of this order to the Honorable Gracie Lewis,
Presiding Judge, Criminal District Court No. 3; Dan Wood; and the Dallas County District
Attorney.
/s/ CORY L. CARLYLE
JUSTICE