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Flanagin v. State

Court of Appeals Fifth District of Texas at Dallas
Oct 21, 2020
No. 05-19-00858-CR (Tex. App. Oct. 21, 2020)

Opinion

No. 05-19-00858-CR

10-21-2020

JOSHUA RYAN FLANAGIN, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 354th Judicial District Court Hunt County, Texas
Trial Court Cause No. 32550CR

ORDER

Appellant, who was convicted of continuous sexual abuse of a child under the age for fourteen years, filed his brief and an extension motion on October 19, 2020. Although appellant identifies the victim by initials, he identifies other children by name. 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 TEN DAYS of the date of this order, an amended brief that identifies any 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, giving a statement of the case, or attaching an appendix. We will defer ruling on the extension motion until the amended brief is received.

We DIRECT the Clerk to send copies of this order to the Honorable Keli Aiken, Presiding Judge, 354th Judicial District Court; Cynthia L. Braddy, and the Hunt County District Attorney's Office.

/s/ CORY L. CARLYLE

JUSTICE


Summaries of

Flanagin v. State

Court of Appeals Fifth District of Texas at Dallas
Oct 21, 2020
No. 05-19-00858-CR (Tex. App. Oct. 21, 2020)
Case details for

Flanagin v. State

Case Details

Full title:JOSHUA RYAN FLANAGIN, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 21, 2020

Citations

No. 05-19-00858-CR (Tex. App. Oct. 21, 2020)