Muhammad, Naim

• Court: Texas Supreme Court
• Decided: February 2, 2015
• Docket: AP-77,021
• Status: Published

Opinion

AP-77,02'1 FILED IN COURT OF CRIMINAL APPEALS COURT OF CRIMINALAPPEALS AUSTIN, TEXAS Transmitted 1/30/2015 12:35:13 PM January 30, 2015 Accepted 1/30/2015 2:29:43 PM ABEL ACOSTA ABELACOSTA, CLERK No. AP-77,021 CLERK

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NAIM RASOOL MUHAMMAD, Appellant K iy"^

THE STATE OF TEXAS, Appellee

STATE'S MOTION FOR LEAVE TO FILE BRIEF EXCEEDING WORD LIMIT

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

THE STATE OF TEXAS, by and through the Criminal District Attorney of

•Dallas County, respectfully requests leave to file a brief exceeding the 37,500-

word limit. In support of this motion, the State would show the following:

I.

Appellant is confined pursuant to the judgment and sentence of Criminal

District Court No. 4 of Dallas County, convicting him of the capital murder of his

two sons. On May 23, 2013, the jury answered the special issues so as to support

the imposition of a death sentence, and the trial court sentenced him to death. Appeal to this Court is automatic. After requesting two extensions, appellant filed

his brief on August 21, 2014. The State's brief was originally due on September

20, 2014, but the deadline was extended until today, January 30, 2015. The State

timely tenders its brief along with this motion. The State's brief is 37,663 words in

length excluding table of contents, index of authority, statement regarding oral

argument, statement of the case, signature, certificate of compliance, and

certificate of service. See Tex. R. App. P. 9.4(i)(l).

II.

Rule 9.4(i)(2)(A) of the Texas Rules of Appellate Procedure provides that a

brief on direct appeal in a death penalty case is limited to 37,500 words if

computer-generated. Rule 9.4(i)(4), however, provides that this Court may, on

motion, permit a longer brief. The State respectfully requests permission to

exceed the word limit for the following reasons:

Appellant's brief contains 54 issues and is 138 pages long. Nearly half of the

issues pertain to jury selection, all of which required an in-depth analysis of each

of the specified jurors' responses on their questionnaires and during individual

voir dire. Additionally, several of the issues contained in appellant's brief contain

conclusory statements but not a full application of the law to the facts. The State

has attempted to fully address the merits of appellant's claims in addition to its arguments regarding preservation and harm. The State responded with brevity

where possible. That said, given the serious nature of the case and the issues

presented, a factual and legal analysis of some depth was required.

For all of the foregoing reasons, counsel respectfully requests leave to file a

brief that exceeds the word limit provided in Tex. R. App. P. 9.4(i)(2)(A).

III.

WHEREFORE, PREMISES CONSIDERED, the State respectfully requests the

Court grant the State's request for leave to file a brief exceeding the word limit.

Respectfully submitted,

/s/Jaclyn O'Connor Lambert

Susan Hawk Jaclyn O'Connor Lambert Criminal District Attorney Assistant District Attorney Dallas County, Texas State Bar No. 24049262 Frank Crowley Courts Building 133 N. Riverfront Blvd., LB-19 Dallas, Texas 75207-4399 (214)653-3625 (214) 653-3643 fax ioconnor@dallascounty.org CERTIFICATE OF SERVICE

I certify that a true copy of this motion was served on appellant's attorney, John Tatum, 990 S. Sherman St, Richardson, Texas 75081, itatumlaw@gmail.com, via eFile and email on January 30, 2015.

Jaclyn O'Connor Lambert