Opinion
05-22-00085-CV
06-07-2022
IN RE THE COMMITMENT OF DARNELL IVEN ADAMS
On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-00764-2021
ROBERT D. BURNS, III CHIEF JUSTICE
Before the Court is appellant's May 25, 2022 motion seeking to strike Appendix D from the State's brief. Citing Town of Sunnyvale v. Mayhew, 905 S.W.2d 234, 256 (Tex. App.-Dallas 1994), reversed on other grounds, 964 S.W.2d 922 (Tex. 1998), appellant argues Appendix D, an "excerpt from a denied petition for review filed in another SVP case, making the same arguments [appellant] now makes," should be stricken because the excerpt was not before the trial court.
We note the State has not filed a response to the motion and nothing in the record reflects the excerpt was introduced at trial or otherwise made a part of the record. Accordingly, we GRANT the motion to the extent we STRIKE the brief and ORDER the State to refile its brief without Appendix D no later than June 17, 2022. See id. at 256, n.14 (refusing to consider "a page from a brief purportedly filed by [appellant] in the United States Supreme Court in an earlier appeal related to this case" because it was not introduced at trial").