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Gaines v. State

Court of Appeals Fifth District of Texas at Dallas
Oct 21, 2019
No. 05-19-00660-CR (Tex. App. Oct. 21, 2019)

Opinion

No. 05-19-00660-CR

10-21-2019

BRODERICK GAINES, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 363rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F17-31787-W

ORDER

Appellant, who was convicted of sexual assault of a child, filed his brief on October 18, 2019. In the brief, appellant identifies the child victim by name. This Court does not allow a party to file a brief that discloses the names of child victims, child witnesses, or any other children discussed or identified at trial in a sexual abuse of a child case. 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 October 18, 2019 brief.

We ORDER appellant to file, within TEN DAYS of the date of this order, an amended brief that identifies any child victim and any other child (including witnesses) either generically (for example, "victim" or "victim's younger sister") or by initials only, including when quoting relevant portions of the record or giving a statement of the case.

We DIRECT the Clerk to send copies of this order to Ronald Goranson and to the Dallas County District Attorney.

/s/ BILL PEDERSEN, III

JUSTICE


Summaries of

Gaines v. State

Court of Appeals Fifth District of Texas at Dallas
Oct 21, 2019
No. 05-19-00660-CR (Tex. App. Oct. 21, 2019)
Case details for

Gaines v. State

Case Details

Full title:BRODERICK GAINES, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 21, 2019

Citations

No. 05-19-00660-CR (Tex. App. Oct. 21, 2019)