Dabney, Ronnie Leon

PD-1514-14 COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS Transmitted 1/22/2015 2:16:50 PM Accepted 1/28/2015 10:38:56 AM

ABEL ACOSTA Cause No. PD-1514-14 CLERK

Court of Criminal Appeals of Texas Ronnie Leon Dabney, Appellant

January 28, 2015 v.

State of Texas, Appellee On Petition for Discretionary Review from the Court of Appeals, Second District of Texas No. 02-12-00530-CR

State’s Supplemental Petition for Discretionary Review Maureen Shelton John Gillespie

Criminal District Attorney First Asst. Criminal District Attorney Wichita County, Texas Wichita County, Texas State Bar No. 24076904 State Bar No. 24083252

[email protected] John [email protected]

900 Seventh Street Wichita Falls, Texas 76301 (940) 766-8113 phone (940) 716-8530 fax

To the Court of Criminal Appeals:

Pursuant to Rule 68.10 of the Rules of Appellate Procedure, the State submits a supplemental brief. The State supplements its brief to bring to the attention of this Court appellate activity citing Dabney v. State, No. 02- 12-00530-CR in the Second Court of Appeals.

Dabney is already being cited by its author In the recently-published case of Ex Parte Roberson 1 out of the

Second Court of Appeals, Justice Dauphinot (in dissent) has cited the opinion she authored in Dabney v. State to support her speculative and antagonistic theories regarding the Wichita County Criminal District Attorney.2

Based upon these serious and unsupported accusations, the Wichita County District Attorney’s Office has now filed motions to recuse Justice Dauphinot from its cases before the Second Court of Appeals.3

The State has already demonstrated that the memorandum opinion in Dabney conflicted with (or ignored) the settled case law from this Court in (1) adding a notice requirement to rebuttal evidence offered to rebut a defensive theory; (2) ignoring the credibility determinations of the trial judge and instead substituting the author’s own credibility judgments; and (3) failing to follow this Court’s directive to consider overwhelming evidence of guilt in conducting a harm analysis.4 In addition to so dramatically failing to follow the precedent of this Court, the author of the opinion has now cited her own opinion to allege a pattern of constitutional abuse. 5 This subsequent use of the Dabney opinion shows the imperative need for this Court to grant review.

While Dabney may have been presented as an unpublished, memorandum opinion, its use by the author (before the State’s petition for discretionary review was even resolved) to show an alleged pattern of constitutional abuse demonstrates that the author of the opinion intends it to have ramifications which far exceed the typical unpublished CR in the Second Court of Appeals of Texas, available at http://www.search.txcourts.gov/Case.aspx?cn=02-13-00473-CR (last visited Jan. 22, 2015); and Docket Sheet for Johnson v. State, No. 02-13-00482-CR in the Second Court of Appeals of Texas, available at http://www.search.txcourts.gov/Case.aspx?cn=02-13-00482-CR (last visited Jan. 22, 2015). memorandum opinion. 6 Therefore, the State would respectfully ask this Court to grant review and to assert the Court of Criminal Appeals’ corrective power of supervision.7

Prayer

The fact that the author of Dabney is now citing it as the basis of serious allegations against the Wichita County Criminal District Attorney shows how essential it is for the opinion of the Second Court of Appeals in Dabney to be reviewed. The State of Texas prays the Court of Criminal Appeals grant review, reverse the opinion of the Second Court of Appeals, affirm the judgment of the trial court, and bring Dabney into alignment with the well-settled precedent of this honorable Court.

Respectfully submitted, /s/Maureen Shelton Maureen Shelton Criminal District Attorney Wichita County, Texas State Bar No. 00786852 [email protected] /s/John Gillespie John Gillespie First Asst. Criminal District Attorney Wichita County, Texas State Bar No. 24010053 [email protected] 900 Seventh Street Wichita Falls, Texas 76301 (940) 766-8113 phone (940) 766-8177 fax Attorneys for Appellee State of Texas

Certificate of Compliance

I certify that this document contains 646 words. The body text is in 14 point font, and the footnote text is in 12 point font.

/s/John Gillespie John Gillespie

Certificate of Service

I do certify that on January 22, 2015, a true and correct copy of the above document has been electronically forwarded to Mark Barber, counsel for Ronnie Leon Dabney on appeal, via electronic service to [email protected], and to the State Prosecuting Attorney, Lisa McMinn, at [email protected].

/s/John Gillespie John Gillespie