Cause No. 03-16-00048-CR 

Barlow Smith, In the Court of Appeals 

Appellant 

v. for the Third Judicial District 

The State of Texas

 APPELLANT’S REPLY TO APPELLEE’S RESPONSE TO HIS MOTION FOR 

 RECONSIDERATION EN BANC 

Procedure 

The State argues that Appellant’s Motion should be rejected as untimely.

When Appellant efiled his Motion on October 12, his server showed that it had 

been received; and counsel for the State was served pursuant to the program of 

the server. Appellant awaited court action. When he finally inquired of the clerk’s 

office, he was told that a voice message had been left for him on November 29 that 

the Motion had been rejected because it lacked proof of service and a word count. 

He did not receive this message. Of course, if he had, he would have corrected the 

deficiencies promptly, as he did immediately on December 12. On that day he resubmitted his Motion with the appropriate corrections and without any other 

alteration in the document. He was told by Mr. Kyle, the Clerk of Court, that a 

motion for extension of time was not necessary because his filing on October 

showed good faith compliance. Appellant asks the Court to rule accordingly. 

 Substance

The State argues that Appellant’s analysis of the rule regarding self-representation, 

the “exception,” as counsel terms it, is erroneous because it has never been 

validated by the United States Supreme Court or by Texas courts—not a valid 

conclusion. It is only accurate to state that Appellant’s form of self-representation 

has never been ruled on by these courts. Quoting Abraham Lincoln adds no 

authority to the State’s argument. 

Counsel further warns of repetitive abuse by conniving attorney-defendants should 

Appellant’s analysis of the rule of self-representation be accepted. Appellant is 

ACCEPTED

03-16-00048-CR

14395716

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/21/2016 9:54:56 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/21/2016 9:54:56 AM JEFFREY D. KYLE Clerk
confident that this improbable speculation will not disrupt the Court’s orderly 

disposition of this case.

Counsel for the State reiterates the assertion he made in the State’s Response to 

Appellant’s Brief that Appellant argued facts not in evidence. Appellant will not 

here repeat the arguments and authority made in his Reply Brief that counsel 

misapprehended the unique jurisprudence laid down by the Texas Court of Criminal 

Appeals: whether the facts, if true, establish ineffective representation of counsel; 

if so, the case is remanded to the trial court to establish the facts as evidence for 

proper review by the appellate court.

Most important is that the State’s arguments above obscure a crucial feature of

this case, that Appellant’s defense of himself was markedly impaired by the 

cognitive and affective effects of medication prescribed by his physician consistent 

with the scientific abstracts offered.

Conclusion

Appellant’s original submission of his Motion was made in good faith and would 

have been timely but for formal deficits which he corrected immediately upon 

being informed thereof.

The State offers no legal citation negating Appellant’s analysis regarding the selfrepresentation rule. Implementation of Appellant’s analysis of the rule would not 

disrupt its proper application to lay defendants or deluge the appellate courts 

with abusive repetition.

The State’s arguments obscure a major feature of Appellant’s case, the calamitous 

effects of medication prescribed for Appellant.

Prayer

Wherefore, Appellant prays that this Court grant his Motion for Reconsideration 

en banc.

CERTIFICATE OF SERVICE 

The undersigned certifies hereby that on December 21, 2016 he served upon Gary 

Bunyard, Assistant District Attorney for Burnet County. a true copy of 

APPELLANT’S REPLY TO APPELLEE’S RESPONSE TO HIS MOTION FOR 
RECONSIDERATION EN BANC in the within cause at his email address, 

g.bunyard@co.llano.tx.us. 

Respectfully submitted,

 / s/ Barlow Smith 

Attorney for Appellant, pro se 

State Bar #18536020 

605 Camino Cielo 

Marble Falls, TX 78654-5926 

telephone: (830)265-0892 facsimile: (866)221-2327 

email: barlowsmithmd@yahoo.

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