Broderick Gaines v. State

Order entered October 21, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00660-CR
BRODERICK GAINES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F17-31787-W
ORDER
Appellant, who was convicted of sexual assault of a child, filed his brief on October 18,
2019. In the brief, appellant identifies the child victim 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 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 18, 2019 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 or giving a statement of the case.
We DIRECT the Clerk to send copies of this order to Ronald Goranson and to the Dallas
County District Attorney.
/s/ BILL PEDERSEN, III
JUSTICE