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PD-1067-15

In the Court of

Criminal Appeals of Texas

EX PARTE JAMES RICHARD “RICK” PERRY

On Petition for Discretionary Review from the District Court for the 390th Judicial 

District Travis County, Texas, Case No. D-1-DC-14-100139, and the Texas Court 

of Appeals for the Third District, at Austin, Case No. 03-15-00063-CR

UNOPPOSED MOTION OF AMICI CURIAE CONSTITUTIONAL AND CRIMINAL

LAW EXPERTS AS AMICI CURIAE TO PARTICIPATE IN ORAL ARGUMENT

Eugene Volokh

 California Bar No. 194464

Gary T. Schwartz Professor of Law

SCOTT & CYAN BANISTER

FIRST AMENDMENT CLINIC

UCLA SCHOOL OF LAW

385 Charles E. Young Dr. East

Los Angeles, CA 90095

Tel.: (310) 206-3926

volokh@law.ucla.edu

James C. Ho

 Texas Bar No. 24052766

Prerak Shah

 Texas Bar No. 24075053

Bradley G. Hubbard

 Texas Bar No. 24090174

GIBSON, DUNN & CRUTCHER LLP

2100 McKinney Avenue, Suite 1100

Dallas, TX 75201-6912

Tel.: (214) 698-3264

Fax: (214) 571-2917

jho@gibsondunn.com 

pshah@gibsondunn.com

bhubbard@gibsondunn.com

PD-1067-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 11/9/2015 7:12:08 PM

Accepted 11/10/2015 8:13:48 AM

ABEL ACOSTA

CLERK
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UNOPPOSED MOTION OF AMICI CURIAE CONSTITUTIONAL AND CRIMINAL

LAW EXPERTS AS AMICI CURIAE TO PARTICIPATE IN ORAL ARGUMENT

Amici curiae Constitutional and Criminal Law Experts respectfully file this 

motion for leave of court to share in the oral argument time allotted to Appellant, 

former Governor Rick Perry. In support of this motion, amici state as follows:

1. Amici are an ideologically diverse coalition of experts in the fields of 

constitutional and criminal law—including former judges, solicitors general, 

prosecutors, criminal defense lawyers, constitutional litigators, and professors on 

both sides of the aisle. They represent virtually the entire political spectrum and 

have no personal or political stake in this case. They have filed an amicus brief in 

this case for one simple reason: They are committed to the rule of law, and think 

the prosecution of Gov. Perry undermines the rule of law.

2. Amici respectfully seek to share Appellant’s time for oral argument, a 

request to which Appellant consents. See Tex. R. App. P. 39.5 (“With leave of 

court obtained before the argument and with a party’s consent, an amicus curiae 

may share allotted time with that party.”); see, e.g., Docket Sheets for No. PD1371-13 (Tex. Crim. App. April 14, 2014) (granting amicus curiae’s motion to 

share in argument time); No. 12-0518 (Tex. Sept. 11, 2012) (same); No. 11-0589 

(Tex. Oct. 21, 2011) (same); No. 08-0465 (Tex. July 24, 2009) (same); No. AP75,898 (Tex. Crim. App. May 2, 2008) (noting oral-argument appearance of 

amicus curiae); No. AP-75,207 (Tex. Crim. App. Sept. 2, 2005) (same); No. 96-

0745 (Tex. Oct. 13, 1996) (granting amicus curiae’s motion to share in argument 

time).

3. Amici proposes to be represented at oral argument by Eugene Volokh, 

who is filing this day a motion to be admitted pro hac vice for that purpose. Mr. 
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Volokh is the Gary T. Schwartz Professor of Law at the UCLA School of Law and 

is a noted First Amendment scholar who runs UCLA’s Scott & Cyan Banister First 

Amendment Clinic. His expertise in that area may further assist this Court in 

deciding the constitutional issues in this case. Mr. Volokh has previously argued 

before this Court on behalf of amici curiae in Ex Parte Thompson, No. PD-1371-

13 (Tex. Crim. App.).

4. Mr. Volokh has conferred with counsel for Appellant, David L. 

Botsford, regarding the oral argument on November 18, 2015. Mr. Botsford has 

authorized Mr. Volokh to represent to this Court that Appellant has no objection to 

and consents to amici presenting oral argument responding to the First Amendment 

issues presented by the State’s Petition for Discretionary Review. Mr. Botsford 

agrees to use only twenty minutes of his thirty minutes, yielding the last ten 

minutes to Mr. Volokh (i.e., the time immediately preceding the State’s rebuttal 

argument on its petition for discretionary review), should the Court agree that oral 

argument by amici is appropriate. 

5. Counsel for amici has also conferred with counsel for the State of 

Texas, Lisa McMinn, who confirmed that the State does not oppose this motion.

6. In sum, amici respectfully request that the Court grant them leave to 

participate in oral argument by granting Mr. Volokh ten minutes of the thirty 

minutes Appellant has been granted to respond to the State’s petition for 

discretionary review.
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DATED: November 9, 2015

Eugene Volokh

 California Bar No. 194464

Gary T. Schwartz Professor of Law

UCLA SCHOOL OF LAW

385 Charles E. Young Dr. East

Los Angeles, CA 90095

Tel.: (310) 206-3926

volokh@law.ucla.edu

Respectfully submitted,

/s/ James C. Ho

James C. Ho

 Texas Bar No. 24052766

Prerak Shah

 Texas Bar No. 24075053

Bradley G. Hubbard

 Texas Bar No. 24090174

GIBSON, DUNN & CRUTCHER LLP

2100 McKinney Avenue, Suite 1100

Dallas, TX 75201-6912

Tel.: (214) 698-3264

Fax: (214) 571-2917

jho@gibsondunn.com

pshah@gibsondunn.com

bhubbard@gibsondunn.com
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CERTIFICATE OF SERVICE

I hereby certify that, on November 9, 2015, a true and correct copy of the 

foregoing was served via electronic mail on the following counsel of record for all 

parties in this case:

Lisa C. McMinn

State Prosecuting Attorney

P.O. Box 13046

Austin, Texas 78711

Michael McCrum

District Attorney Pro Tem

Travis County, Texas

700 N. St. Mary’s St., Suite 1900

San Antonio, TX 78205

David M. Gonzalez

Assistant District Attorney Pro Tem

Travis County, Texas

206 East 9th Street, Suite 1511

Austin, TX 78701

Counsel for the State of Texas

David L. Botsford

BOTSFORD & ROARK

1307 West Avenue

Austin, TX 78701

Anthony G. Buzbee

THE BUZBEE LAW FIRM

JPMorgan Chase Tower

600 Travis Street, Suite 7300

Houston, TX 77002

Thomas R. Phillips

BAKER BOTTS LLP

98 San Jacinto Boulevard, Suite 1500

Austin, TX 78701

Counsel for Applicant

/s/ James C. Ho

James C. Ho