Davis, Roxanne Yvette

PD-1303-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 12/9/2015 11:22:34 AM
Accepted 12/10/2015 5:33:13 PM
ABEL ACOSTA
NO. PD-1303-15 CLERK
IN THE TEXAS COURT OF CRIMINAL APPEALS
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ROXANE YVETTE DAVIS
Appellant
V.
THE STATE OF TEXAS
Appellee
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MOTION FOR REHEARING
AFTER PDR REFUSED
NO. 12-15-00077-CR
TEXAS COURT OF APPEALS
TWELFTH DISTRICT AT TYLER
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ON APPEAL FROM CAUSE NO. 241-1149-14
IN THE 241ST JUDICIAL DISTRICT COURT OF
SMITH COUNTY, TEXAS
HONORABLE JACK SKEEN, JUDGE PRESIDING
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J. Brandt Thorson
SBN: 24043958
J. BRANDT THORSON, PLLC
P.O. Box 3768
Longview, Texas 75606
(903) 758-4878
(903) 212-3038 Facsimile
December 10, 2015 ATTORNEY FOR APPELLANT
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TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL
APPEALS:
COMES NOW ROXANNE YVETTE DAVIS, Appellant, by and through
her attorney of record, J. Brandt Thorson, and pursuant to Rule 79 of the Texas
Rules of Appellate Procedure, as well as the Fifth and Fourteenth Amendments to
the United States Constitution and Article I, §§13 and 19 of the Texas Constitution,
files this Motion for Rehearing After PDR Refused, and would show this
Honorable Court the following:
GROUND FOR REHEARING
In her petition for discretionary review Appellant challenged the standards
for analysis of proportionality in sentences.
The twelfth court of appeals has repeatedly used the circular argument cited
in its opinion herein as a basis upon which to strike down challenges to the
proportionality of a sentence to the crime committed. See e.g. Whitaker v. State,
No. 12-12-0313-CR, 06/25/13 (mem.op., not designated for publication), a copy
of which is attached hereto as Exhibit “A” for the court’s ready reference. The
twelfth court’s analysis is based exclusively on Rummel v. Estell, 445 U.S. 263,
100 S. Ct. 1133, 63 L. Ed. 2d 382 (1980).
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Over 35 years have passed since the decision in Rummel, evolving standards
of justice in non-violent cases mandate that the Court should re-examine this issue.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays
that this Court grant this Motion; issue an opinion reversing the court of appeal’s
judgment and remanding the cause to the appellate court for reconsideration.
Respectfully submitted,
By: /s/ J. Brandt Thorson
J. Brandt Thorson
SBN: 24043958
J. BRANDT THORSON, PLLC
606 E. Methvin St.
P.O. Box 3768
Longview, Texas 75606
(903) 758-4878
(903) 212-3038 Facsimile
jbt@jbtfirm.com
CERTIFICATE OF COMPLIANCE
I certify that this motion contains 526 words according to the computer
program used to prepare the document.
______/s/ J. Brandt Thorson
J. Brandt Thorson
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CERTIFICATE OF SUBSTANTIAL INTERVENING CIRCUMSTANCES
Pursuant to Tex.R.App.Pro. 79.2(c), I hereby certify that this Motion for
Rehearing After PDR Refused is grounded in substantial intervening circumstances
or on other significant circumstances, which are specified in the motion; and
further, that this motion is made in good faith and not for delay.
SIGNED this 9th day of December, 2015.
______/s/ J. Brandt Thorson
J. Brandt Thorson
CERTIFICATE OF SERVICE
By affixing my signature above, I hereby certify that a true and correct copy
of the foregoing Appellant’s Motion for Rehearing After PDR Refused was served
to the office of D. Matt Bingham, Criminal District Attorney of Smith County and
to Lisa McMinn, State Prosecuting Attorney on this the 9th day of December, 2015,
electronically through the electronic filing manager.
/s/ J. Brandt Thorson
J. Brandt Thorson
Attorney for Appellant
SBN: 24043958
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