Opinion
05-21-00326-CR
10-26-2021
NEIL PAUL NOBLE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause No. F18-45998-K
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant has chosen to represent himself pro se on appeal. By order dated September 14, 2021, we denied appellant's request to increase the allowed length of appellant's brief to 100, 000 words total. We cautioned appellant that briefs filed in the Court of Appeals had to comply with the rules of appellate procedure, including rule 9.4(i)(1), (2). Despite our order, appellant filed a 592-page brief, which includes 122-page appendix.
Although we construe pro se briefs liberally, we hold pro se litigants to the same standards as licensed attorneys and require them to comply with applicable rules of procedure. Griffis v. State, 441 S.W.3d 599, 612 (Tex. App.-San Antonio 2014, pet. ref'd); Kindley v. State, 879 S.W.2d 261, 264 (Tex. App.-Houston [14th Dist.] 1994, no pet.); see Tex. R. App. P. 38.9. The applicable rules require appellant's brief to (1) state concisely the nature of the case, course of proceedings, and the trial court's disposition, (2) state concisely all issues or points presented for review, and (3) set forth succinct, clear, concise, and accurate statement of the arguments with appropriate citations to authorities and the record. Tex.R.App.P. 38.1; see Wolfe v. State, 509 S.W.3d 325, 342-43 (Tex. Crim. App. 2017) (discussing appellate briefing requirements); Lucio v. State, 351 S.W.3d 878, 896- 97 (Tex. Crim. App. 2011) (same).
We STRIKE appellant's brief because it fails to meet the requirements set forth in the rules of appellate procedure. On our own motion, we GRANT appellant leave to file an amended brief that complies with the rules of appellate procedure, including rule 9.4(i)(2)(B) (brief may not exceed "15, 000 words if computer-generated, and 50 pages if not") by November 29, 2021. If appellant fails to file a brief that complies with the rules of appellate procedure, the Court will take whatever action it deems appropriate which may include submitting this appeal on the record without briefing.
We DENY the State's October 18, 2021 motion to strike as moot.