NO. 06-14-00109-CR

IN THE COURT OF APPEALS

SIXTH DISTRICT OF TEXAS

AT TEXARKANA

________________________________________________________________

MARLO DONTA PERSONS,

APPELLANT

v.

THE STATE OF TEXAS,

APPELLEE

APPELLANT’S MOTION FOR LEAVE TO FILE 

A SUPPLEMENTAL BRIEF 

TO BRIEF FILED AS APPEAL FROM THE 354TH JUDICIAL DISTRICT 

COURT OF HUNT COUNTY, TEXAS, TRIAL COURT CAUSE NO. 29,371. 

SUPPLEMENTAL BRIEF IS FOR APPEAL OF MOTION TO SUPPRESS 

HEARD BY THE COURT ON FEBURARY 18, 2014

Appellant asks the Court to permit him to supplement his brief based on this 

issue of the motion to suppress that was heard by the Court as a Motion To 

Suppress separately from the trial and the trial brief does not make appellate 

arguments on the hearings by the Court.

A. INTRODUCTION

1. Appellant is Marlo Donta Persons. 

B. ARGUMENT & AUTHORITIES

ACCEPTED

06-14-00109-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

4/1/2015 8:49:50 AM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 4/1/2015 8:49:50 AM DEBBIE AUTREY Clerk
2. A court of appeals may permit a party to {amend/supplement} a brief 

whenever justice requires under Texas Rule of Appellate Procedure 38.7.

3. Appellant has good cause to supplement his brief of the trial.

4. On or about March 1, 2015, Attorney Tara N. Long of 2656 South Loop 

West was asked by the family of appellant to review the file and record of the 

motion to suppress hearing. On or about March 23, 2015, and after 

communicating with the appellant’s attorney of record, Elisha Hollis, it was 

decided that a supplemental brief concerning the motion to suppress hearing be 

filed on behalf of appellant concerning possible errors of the Court at the 

Motion To Suppress hearing because the matters were omitted by his attorney 

of record. The issue omitted was concerning profiling and finding no outside or 

facts to support the profile findings during the detention of the appellant.

5. The arresting officer was too intrusive during his detention of the driver of 

the vehicle and the consent to search was not voluntarily given to the officer.

6. The Court should allow Appellant to file a supplemental brief because

reversible error at the motion to suppress hearing and oral argument in this case 

has not been scheduled, and the filing of a supplemental brief will not delay the 

submission of the appeal.

7. Justice requires that the court review the hearing that is the subject of the 

supplementation of the trial brief. Proper protections of the records were made 

by trial counsel and the evidence supports a order of dismissal because evidence 

presented.

C. CONCLUSION

8.The Motion to suppress was timely filed and heard by the trial court. If the 

issues are not reviewed by the Appeals Court the time to make a timely 

presentations of issues for appeal will be loss by the appellant.

D. PRAYER

11. For these reasons, Appellant asks the Court to grant this motion to 

supplement the Brief of the Trial that was submitted previously.
 Respectfully submitted,

 By: /s/ Tara N. Long

Tara N. Long

 

 Long Law Firm

 5626 S. Loop W., Suite 255

 Houston, Texas 77054

 713-349-8896 (ph.)

 713-349-8863 (fax)

 

 longlawfirm@gmail.com

 

CERTIFICATE OF SERVICE

 I certify that a true and correct copy of the Appellant’s Motion for Leave 

to File Supplemental Brief was sent by first class U. S. Mail, postage prepaid, to 

the following:

Honorable Noble Walker, Hunt County District Attorney, P. O. Box 441, 

Greenville, Texas 75403-0441 on this the 1st day of April, 2015.

MARLO DONTA PERSONS, TDJC#1939454, Eastham Unit, 2665 Prison Rd. 

#1, Lovelady, Texas 75851 on this the 1st day of April, 2015.

The Law Office of Elisha Hollis, P.O. Box 1535, Greenville, Texas 75403,

ElishaHollis@gmail.com on the 1st day of April, 2015.

 /s/ Tara N. Long

Tara N. Long