in Re: El Paso County Public Defender

ACCEPTED
08-19-00296-CR
08-19-00296-CR EIGHTH COURT OF APPEALS
EL PASO, TEXAS
3/13/2021 10:54 AM
ELIZABETH G. FLORES
CLERK
No. 08-19-00296-CR
IN THE COURT OF APPEALS
FILED IN -
8th COURT OF--APPEALS ----
EIGHTH DISTRICT OF TEXAS EL PASO, - -
--- TEXAS
- - ---- RG ------
3/13/2021
- I10:54:48
- D -- AM
_____________________________________________________________
---- VO ------
ELIZABETH -- G. FLORES
----
IN RE EL PASO COUNTY PUBLIC DEFENDER ---- Clerk
______________________________________________________________
DEFENDANT’S MOTION TO SUPPLEMENT BRIEF
FILED IN
8th COURT OF APPEALS
______________________________________________________________
EL PASO, TEXAS
3/15/2021 9:22:00 AM
TRIAL COURT CAUSE NO. 20180D05116ELIZABETH G. FLORES
Clerk
IN THE 210TH DISTRICT COURT OF EL PASO COUNTY, TEXAS
______________________________________________________________
EL PASO COUNTY PUBLIC DEFENDER
A. Marcelo Rivera
Todd D. Morten
Deputy Public Defenders
State Bar No. 24027663
500 E. San Antonio Ave., Room 501
El Paso, Texas 79901
Telephone: (915) 546-8185
Fax: (915) 546-8186
ATORNEYS FOR THE DEFENSE
COMES NOW Relator, Sarah Hernandez, by and through her Attorney of
Record, Todd D. Morten, who herein respectfully requests this Honorable Court to
permit her to supplement her brief pursuant to Tex. R. App. P. 38.7 for the following
reasons(s):
1. March 3, 2021 the Texas Court of Criminal Appeals issued Watkins v. State, PD-
1015-18, 2021 WL 800617 (Tex. Crim. App. March 3, 2021);
2. In Watkins the Court of Criminal Appeals defines the word material as it is
found in Tex. C. Crim. P. Art. 39.14(a) as evidence having “some logical connection
to a fact of consequence”; Watkins at *20.
3. While this matter ostensibly surrounds a complaint made by the State
concerning a subpoena and Arts. 24.02 and 24.03, Art. 39.14(h) has also been
discussed by the Parties. Further, a motion for discovery pursuant to Art. 39.14(a)
was filed in this case and served upon the State. Therefore, in light of Watkins a
discussion of 39.14(a) is also warranted;
4. The discussion and holding in Watkins is therefore relevant to the correct
disposition of these proceedings and therefore further briefing by the Parties will
benefit the Court in reaching a correct disposition.
WHEREFORE, Relator Sarah Hernandez requests that this Court allow
supplemental briefs from the Parties.
Page 2 of 3
Respectfully submitted,
EL PASO COUNTY PUBLIC DEFENDER
By: /S/ Todd D. Morten
Deputy Public Defender, App. Div.
State Bar No. 24099592
500 E. San Antonio Ave., Room 501
El Paso, TX 79901
Telephone (915) 546-8185
Fax: (915) 546-8186
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the foregoing document
was delivered to all parties to this action via E-File.Texas.Gov on the date this document
was accepted for filing by the Clerk’s Office.
/s/ Todd Morten
TODD MORTEN
Page 3 of 3
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Todd Morten
Bar No. 24099592
TMorten@epcounty.com
Envelope ID: 51449590
Status as of 3/15/2021 8:57 AM MST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
DISTRICT ATTORNEYAPPEALS daappeals@epcounty.com 3/13/2021 10:54:48 AM SENT
TODD MORTEN TMorten@epcounty.com 3/13/2021 10:54:48 AM SENT
AMADEO MARCELORIVERA ARivera@epcounty.com 3/13/2021 10:54:48 AM SENT
ALYSSA PEREZ AlyPerez@epcounty.com 3/13/2021 10:54:48 AM SENT