Sim Stanley Bittick v. the State of Texas
This text of Sim Stanley Bittick v. the State of Texas (Sim Stanley Bittick v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order entered November 29, 2022
In The Court of Appeals Fifth District of Texas at Dallas
No. 05-22-00882-CR
SIM STANLEY BITTICK, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 15th Judicial District Court Grayson County, Texas Trial Court Cause No. 071896
ORDER
This order addresses issues with appellant’s brief and with State’s Exhibit
20. The Court orders relief as follows.
On November 3, 2022, appellant filed his brief. A review of the brief reveals
that it discloses the names of persons who were victims of offenses at the time they
were children.
This Court does not allow a party to file a brief that discloses the names of
victims or witnesses who were children at the time of the offenses, or the names of any other children discussed or identified at trial. 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 brief.
We ORDER appellant to file, within THIRTY DAYS of the date of this
order, an amended brief that identifies all individuals who were children at the time
of this or any other offense either generically (for example, “victim”) or by initials
only, including when quoting relevant portions of the record or giving a statement
of the case.
On November 4, 2022, the court reporter filed a letter indicating that she was
unable to copy State’s Exhibit 20, a USB drive, the contents of which were
described in the record as “a Cellebrite download of the defendant’s phone.” If
either party concludes that State’s Exhibit 20 contains material evidence necessary
to the resolution of this appeal, that party is DIRECTED to file a motion with the
Court within SIXTY DAYS of the date of this order so that the Court may obtain
the original exhibit. See TEX. R. APP. P. 34.1, 34.6(g)(2).
/s/ ROBERT D. BURNS, III CHIEF JUSTICE
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