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CAUSE NO. F12-35545-H STATE OF TEXAS VS. JOSHUA A.

PRICE-BRENT IN CRIMINAL DISTRICT COURT NUMBER 1 Oft DALLAS COUNTY, TEXAS


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MOTION TO COMPEL DISTRICT CLERK TO PLAY FAIR. BE POLITE AND DO THEIR JOB COMES NOW, the Defendant herein, Mr. JOSHUA PRICE-BRENT, and moves this Honorable Court to order the Dallas County District Clerk to issue a defense subpoena today. In support, Mr. Brent would show the following: On Friday, October 25, 2013, a lawyer who is assisting the defense team in preparing this case presented an application for a subpoena at 8:45 a.m. that morning. Oddly, the deputy district clerk asked who the Defendant was in this case. Although irrelevant, the lawyer stated this was the Dallas Cowboy who is charged with Intoxication Manslaughter. Subsequent to Mr. Brent filing his application, the District Attorney filed an application for a subpoena in this same case. Since that time, the District Clerk's deputies have not issued Mr. Brent's subpoena. They have, however, issued the State's subpoena. On Monday, October 28,2013, the same lawyer went to the District Clerk's Office to ask why the subpoena had not been issued. Realizing this subpoena was the only one left to do and had been sitting there since Friday, the deputy stated she would type it up immediately. However, a supervisor overheard this conversation and specifically directed the deputy clerk to not issue the subpoena. The supervisor stated they have three days to issue subpoenas once the application has been made. The interference from the supervisor and resulting dialogue actually took longer than it would have taken to issue the subpoena. And, to top things off, the supervisor was rude to the attorney.

This matter is set for trial in three weeks. The court has indicated to all parties the case will be called to trial on November 18. There is no reason any member of the District Clerk's Office should create any impediment to Mr. Brent's preparation for trial. Such conduct is petty, childish and unnecessary. Based upon the foregoing, Mr. Brent urges this Court to enter an order compelling the District Clerk to appear before this Court and explain why his employees won't fulfill the ministerial act of issuing a subpoena. The District Clerk has no discretion to refuse to issue the subpoena. Tex. C. Crim. P., Art. 24.03. And, Mr. Brent has the Constitutional authority to compel the attendance of witnesses. See U.S. CONST, Amends VI and XIV. Respectfully submitted,

/CEORGE'R. MILN SBOT# 00784611 / MILNER FINN PRICE 2828 N. Han(ood Street Suite 1950 Dallas, Texas 75201 214.651.1121 214.953.1366 FAX Attorney for Brent

CERTIFICATE OF SERVICE This is to certify that on October 28, 2013, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Dallas County, Texas.

CAUSE NO. F12-35545-H STATE OF TEXAS VS. JOSHUA A. PRICE -BRENT ORDER CAME ON TO BE HEARD, this the day of , 2013, in the above-styled and IN CRIMINAL DISTRICT COURT NUMBER 1 OF DALLAS COUNTY, TEXAS

number cause, the foregoing Motion to Compel District Clerk to Play Fair, Be Polite and Do Their Job. Having considered the Motion, the Court Orders the Dallas County District Clerk to appear before this Court at 11:00 a.m. on October 29,2013 and show cause why his employees are not issuing a subpoena for Mr. Brent, unless the matter is moot by that time. IT IS SO ORDERED.

Presiding Judge