Next Steps for the Patrick Kelly Appeal

Last month, attorney James W. Volberding filed an opening brief and presented a supplemental brief for Patrick Kelly in the Fourteenth Court of Appeals in Houston, Texas. The court of appeals, however, declined to accept the supplemental brief.

Now, the Smith County District Attorney's appellate prosecutor will file a comprehensive brief in response to Mr. Volberding's opening brief, arguing that Kelly was properly tried.

Unfortunately, the Assistant District Attorney representing Smith County on Patrick Kelly's appeal has begun attacking Mr. Volberding personally for alleging that the Smith County DA's Office withheld exculpatory and impeachment evidence in violation of the Supreme Court's requirements in Brady v. Maryland and Giglio v. U.S..

In the face of Bate-stamped documents, sworn transcripts and recorded child interviews, the prosecutor has accused Mr. Volberding of telling fanatical lies. Mr. Volberding has responded to each of the assertions with painstaking documentation of evidence from the record and will do so again, if and when the prosecutor files a brief containing more personal attacks.

Once the SCDA files a response brief, Mr. Volberding will file a reply brief. Then, the case will be scheduled for oral argument in Houston. Mr. Volberding and one of the prosecutors will argue the appeal before a three-justice panel of the Fourteenth Court of Appeals.

The attorneys for Shauntel Mayo and Jamie Pittman plan to ask for consolidation of the oral arguments, which should make for an exciting and informative presentation. When the date and time for the oral argument is known, it will be posted here.

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