Narrative Opinion Summary
In the appellate proceedings involving David Schlittler, the appellant has filed a motion to submit a reply brief in response to the State's arguments, pursuant to the Texas Rules of Appellate Procedure, specifically Rules 70.4, 38.3, and 38.6. The appellant contends that the reply is essential to address issues concerning the family court's conservatorship order and to articulate his stance on Section 38.111 of the Penal Code, which he argues improperly delegates legislative authority. Schlittler asserts that his submission is timely, with a completion date planned for April 30, 2015, well before the May 11, 2015 deadline. The State's attorney, Melinda Fletcher, has confirmed non-opposition to the motion, which is substantiated by a certificate of conference. The motion further complies with procedural requirements, as evidenced by certificates affirming adherence to typeface standards and service to relevant parties. The case is scheduled for oral argument on May 20, 2015. This procedural maneuver aims to ensure a thorough presentation of the appellant's arguments without causing unnecessary delays in the appellate process.
Legal Issues Addressed
Certification of Compliance with Court Requirementssubscribe to see similar legal issues
Application: The motion includes certificates confirming adherence to typeface requirements and service to relevant parties, indicating procedural compliance.
Reasoning: Additionally, a certificate of compliance states that the document adheres to typeface requirements and includes a service certificate indicating that the motion was served to the relevant parties on April 21, 2015.
Compliance with Procedural Deadlinessubscribe to see similar legal issues
Application: Schlittler's proposal to file by April 30, 2015, adheres to the appellate procedural deadlines, exemplifying timely compliance.
Reasoning: Schlittler's attorney was notified of the State's brief on April 20, 2015, making the reply due by May 11, 2015, with the case scheduled for oral argument on May 20, 2015.
Filing of Reply Briefs under Texas Rules of Appellate Proceduresubscribe to see similar legal issues
Application: The appellant, David Schlittler, seeks to file a reply brief in accordance with specified procedural rules, demonstrating adherence to word limits and deadlines.
Reasoning: David Schlittler, the Appellant, requests permission to file a reply brief in response to the State's brief in his appeal (Case No. PD-1505-14). He cites Rules 70.4, 38.3, and 38.6 of the Texas Rules of Appellate Procedure, which allow for additional briefs to be filed, and specifies that a computer-generated reply brief must not exceed 7,500 words and is due within 20 days of the State's filing.
Non-opposition to Motion by Opposing Counselsubscribe to see similar legal issues
Application: The appellant's motion was unopposed by the State's attorney, Melinda Fletcher, facilitating its potential acceptance.
Reasoning: The motion is supported by a certificate of conference, confirming that the State's attorney, Melinda Fletcher, does not oppose the motion.