Jacques, Michael

CourtTexas Supreme Court
DecidedJanuary 12, 2015
DocketWR-67,418-02
StatusPublished

This text of Jacques, Michael (Jacques, Michael) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jacques, Michael, (Tex. 2015).

Opinion

/ WAW^ i .ED

NO. 08-02-00491-CR ?0!5 JAN -8 PH U-31 IN THE COURT OF CRIMINAL APPEALS,,- ,.„.-.-.,,..,.,

AND SY- P -' ;

THE 3 84™ DISTRICT COURT

EX PARTE MICHAEL JACQUES

CAUSE NO. 20020D03178 RECEIVED \U IN THE 384th JUDICIAL DISTRICT COURT COURT OF CRIMINAL APPEALS JAN 12 2015 ORDER ON APPLICANT'S MOTION

Abel Aeosta, Clark

THE COURT HAVING PREVIEWED THE MOTION AND HEARD

ARGUMENTS OF COUNSEL herein grants the motion to exceed

word count. The Court specifically finds that this

document contains \U ^'0 words, and exceeds the word

count by / j~*)Q.

Signed this & & day of *—>|£4 *—4c ita ^-y

2015.

'jurt^ , IV Ouhu'Y

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Envelope 3705721 Case Information Location Court Of Criminal Appeals Date Filed 01/08/2015 05:02:48 PM Case Number Case Description Assigned to Judge Attorney Janet Burnett Firm Name El Paso County Public Defender's Office Filed By Margaret Martinez Filer Type Not Applicable Fees Convenience Fee $0.00 Total Court Case Fees $0.00 Total Court Filing Fees $0.00 Total Court Service ^ ^ Fees Total Filing & Service ^ Q0 Fees Total Service Tax Fees $0.00 Total Provider Service ^ qq Fees Total Provider Tax $Q QQ Fees Grand Total $0.00 Payment Account Name Waiver of Fees- Default Transaction Amount $0.00 Transaction Response Transaction ID

https://efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid=7ea... 1/8/2015 **

Envelope Details Page 2 of2

Order #

Other Document Filing Type EFile Filing Code Other Document MICHAEL JACQUES / ORDER ON Filing Description APPLICANT'S MOTION Reference Number Comments Status Submitting Fees Court Fee $0.00 Service Fee $0.00 Documents ORDER ON APPLICANT'S Lead Document [Original] MOTION.pdf

https://efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid=7ea... 1/8/2015 NO. 08-02-00491-CR

IN THE COURT OF CRIMINAL APPEALS

AND •

THE 384th DISTRICT COURT

Cause No. 20O20D03178 In the 3 84TH District Court El Paso County, Texas The Honorable Patrick M. Garcia, Judge Presiding

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The Trial Court herein makes findings in accordance with the Texas Court of Criminal Appeals Remand Order dated November 19, 2014.

FINDINGS OF FACT

1. This Court finds that the initial memorandum in /*~ support of the Writ Application contains exactly /feTf^ words tabulated as prescribed in TEX. R. APP. PROC. 73.1 and the Remand Order from the Texas Court of Criminal

2. This Court finds that aMotion to Exceed Word ^ifeit^FT^V has been properly filed. ^vS/fc^ 3. This Court finds that the State has agreed to the Motion to Exceed Word Limit. 4. This Court finds that the statement in the Certificate of Compliance of 15,000 words is an error.

5. This Court makes the specific finding that the error was not made in bad faith.

6. That the jurisdictional statement contains 3,687 words. That without the jurisdictional statement relevant portions of the brief contains 12,844 words.

7. 12,844 was the number applicant's counsel intended to place in the compliance certificate as that is the word count without the jurisdictional statement. Applicant's Counsel believed that to be the correct number based on TEX. R. APP. PROC. 9.4 (i) (1) and a telephone conversation with the Texas Court of Criminal Appeals.

CONCLUSIONS OF LAW

Good Cause exists for exceeding the word limit due to the number of issues and the need for a Comprehensive Jurisdictional Statement. In separate Order, this Court grants the Applicant's Agreed Motion to Exceed Word Count by f) *( ko -* words.

Signed this /( day of December, 2014.

PATRICK M. GARCIA Envelope Details Page 1 of 2

Envelope 3463859 Case Information Location Court Of Criminal Appeals Date Filed 12/11/2014 04:04:37 PM Case Number Case Description Assigned to Judge Attorney Janet Burnett Firm Name El Paso County Public Defender's Office Filed By Margaret Martinez Filer Type Not Applicable Fees Convenience Fee $0.00 Total Court Case Fees $0.00 Total Court Filing Fees $0.00 Total Court Service $0.00 Fees Total Filing & Service $0.00 Fees Total Service Tax Fees $0.00 Total Provider Service $0.00 Fees Total Provider Tax $0.00 Fees Grand Total $0.00 Payment Account Name Waiver of Fees- Default Transaction Amount $0.00 Transaction Response Transaction ID

https://efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid=2... 12/11/2014 Envelope Details Page 2 of 2

Motion Filing Type EFile Filing Code Motion . . MICHAEL JACQUES / FINDINGS OF FACT t Hing Description AND CONCLUSIONS OF LAW Reference Number Comments Status Submitting Fees Court Fee $0.00 Service Fee $0.00 Documents T ._ , FINDINGS OF FACT AND rr. . . n LeadDocument CONCLUSIONS OF LAW.pdf lOngmaU

https://efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid=2... 12/11/2014 Margarita Martinez

From: No-Reply@eFileTexas.gov Sent: Thursday, December 11, 2014 4:05 PM To: Margarita Martinez Subject: eFileTexas.gov - Filing Submitted - 3463859

EFILE Filing Submitted 3 !TEXAS.g

The filing below has been submrtted to the clerk's office for review. Please allow up to 24 business hours for clerk office processing.

j Filing Details Court Courts of Appeals Date/Time Submitted: 12/11/2014 5:04:37 PM

IFiling Type: Motion

{Activity Requested: EFile

Filed By: Margaret Martinez

Fee Details

This envelope is pending review and fees may change. Case Fee Information $0.00 Motion $0.00

Total: $0.00 (The envelope still has pending filings and the fees are subject to change)

Document Details | Lead File: FINDINGS OF FACT AND CONCLUSIONS OF LAW.pdf Lead File Page Count: 2

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Jacques, Michael, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacques-michael-tex-2015.