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Ex Parte Franklin Jose Velasquez Martinez

Citation: Not availableDocket: 04-22-00387-CR

Court: Court of Appeals of Texas; November 2, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

On October 28, 2022, Franklin Jose Velasquez Martinez filed an unopposed motion with the Fourth Court of Appeals in San Antonio, Texas, requesting an extension to submit his reply brief. He sought either a 45-day extension from the original due date of October 30, 2022, or a 30-day extension following the court's decision in Ex Parte Dominguez-Ortiz, No. 04-22-00260-CR. The court granted the 45-day extension, setting the new deadline for the reply brief to December 14, 2022. The court emphasized that all briefs must comply with the Texas Rules of Appellate Procedure, specifically noting that Texas Rule of Appellate Procedure 9.7 prohibits adoption by reference of documents filed in different cases. As such, Martinez's reply brief must thoroughly address all relevant arguments concerning the facts of his case. The order was issued on November 2, 2022, and attested by the Clerk of Court, Michael A. Cruz.

Legal Issues Addressed

Compliance with Texas Rules of Appellate Procedure

Application: The court required that all briefs adhere to the Texas Rules of Appellate Procedure, highlighting the prohibition against adopting documents by reference from different cases.

Reasoning: The court emphasized that all briefs must comply with the Texas Rules of Appellate Procedure, specifically noting that Texas Rule of Appellate Procedure 9.7 prohibits adoption by reference of documents filed in different cases.

Extension of Time for Filing Briefs

Application: The court granted Franklin Jose Velasquez Martinez a 45-day extension to file his reply brief, acknowledging his unopposed motion and setting a new deadline of December 14, 2022.

Reasoning: On October 28, 2022, Franklin Jose Velasquez Martinez filed an unopposed motion with the Fourth Court of Appeals in San Antonio, Texas, requesting an extension to submit his reply brief. The court granted the 45-day extension, setting the new deadline for the reply brief to December 14, 2022.

Requirement for Thorough Argumentation in Briefs

Application: Martinez's reply brief must thoroughly address all relevant arguments concerning the facts of his case, as emphasized by the court.

Reasoning: As such, Martinez's reply brief must thoroughly address all relevant arguments concerning the facts of his case.