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Motion Filed On Behalf Of Josh Brent

Motion Filed On Behalf Of Josh Brent

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Published by CBS11
Former Dallas Cowboys player Josh Brent's lawyer filed this motion urging the Dallas County District Clerk's office to do its job.
Former Dallas Cowboys player Josh Brent's lawyer filed this motion urging the Dallas County District Clerk's office to do its job.

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Published by: CBS11 on Oct 28, 2013
Copyright:Attribution Non-commercial

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02/23/2014

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CAUSE NO. F12-35545-HSTATE OF TEXAS § IN CRIMINAL DISTRICT
^--
VS.
§
COURT NUMBER
1 Oft
JOSHUA A. PRICE-BRENT § DALLAS COUNTY, TEXAS
MOTION
TO
COMPEL DISTRICT CLERK
TO
PLAY FAIR.
BE
POLITE
AND DO
THEIR
JOB
COMES NOW,
the
Defendant
herein,
Mr.
JOSHUA PRICE-BRENT,
and
moves
this
Honorable Court
to
order
the
Dallas County District Clerk
to
issue
a
defense
subpoena
today.
In
support,
Mr.Brent would
show
thefollowing:
On
Friday, October 25,
2013,
a lawyer who is assisting the defense team in preparingthis
case
presented
an
application
for a
subpoena
at
8:45 a.m.
that
morning. Oddly,
the
deputy district clerk askedwho theDefendantwas inthis case. Although irrelevant,the
lawyer stated
this
was the
Dallas Cowboy
who is
charged with Intoxication Manslaughter.Subsequent
to Mr.
Brent
filing
his
application,
the
District
Attorney
filed
an
application
for a
subpoena
in this same case.
Since that time,theDistrict Clerk's deputies havenotissuedMr.Brent's subpoena. They have, however, issued
the
State's
subpoena.
On
Monday, October
28,2013,
the same lawyer
went
to the District Clerk's
Office
to
ask why the
subpoena
had not
been issued.
Realizing
this subpoena
was the
only
one
left
to
do
and had been sitting there since Friday, the deputy
stated
she would
type
it up
immediately.
However, a supervisor overheard this conversation and specifically directed
the
deputy clerk
to not
issue
the
subpoena.
The
supervisor
stated
they have
three
days
to
issue subpoenas once the application has been made. The interference
from
the supervisor
and
resulting dialogue actually took longer than it would have taken to issue the subpoena.
And,
to top
things
off,
the
supervisor
was
rude
to the
attorney.
 
This
matter
is set for trial in
three
weeks. The
court
has
indicated
to all
parties
thecase
will
be
called
to
trial
on
November
18.
There
is no
reason
any
member
of the
DistrictClerk's
Office
should
create
any impediment to Mr. Brent's
preparation
for trial. Such
conduct is
petty,
childish
and unnecessary.
Based upon
the
foregoing,
Mr.
Brent
urges
this Court
to
enter
an
order compelling
the
District Clerk
to
appear before
this
Court
and
explain
why his
employees
won't
fulfill
the
ministerial
act of
issuing
a
subpoena.
The
District
Clerk
has no
discretion
to
refuse
to
issuethe subpoena. Tex. C.
Crim.
P., Art. 24.03.
And,
Mr. Brent has the Constitutional
authority
tocompel
the
attendance
of
witnesses.
See
U.S.
CONST,
Amends
VI and
XIV.
Respectfully
submitted,
/CEORGE'R.
MILN
SBOT#
00784611
/
MILNER
FINN PRICE2828
N.
Han(ood
Street
Suite
1950
Dallas,
Texas 75201
214.651.1121
214.953.1366
FAX
Attorney for Brent
 
CERTIFICATE OF SERVICE
This
is to
certify
that
on
October
28,
2013,
a
true
and
correct copy
of the
above
and
foregoingdocument was served on the District Attorney's
Office,
Dallas County, Texas.

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