Supreme Court

Case: 08-0465    
08-0465
06/13/2008
Petition for Review/Cause under Rule 53.1
THE STATE OF TEXAS 
$281,420.00 IN UNITED STATES CURRENCY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/02/2009Response to Amicus Curiae Brief filedRespondent Resp, Gregorio Huerta's response to State of TX's amicus brief. (12)
03/03/2009Amicus Curiae Brief receivedReceived (instead of filed) Amicus curiae brief on behalf of The State of Texas.  Submitted by Sean D. Jordan, Deputy Solicitor General, P.O. Box 12548(MC 059), Austin, Texas  78711-2548, Phone (512) 936-1700, Fax (512) 474-2697.  (orig & 11)
11/13/2008Reply BriefPetitioner PET's Reply BOM (12) filed on behalf of The State of Texas.
10/27/2008Brief on the MeritsRespondent Respondent's brief on the merits on behalf of $281,420.00 In United States Currency and Gregorio Huerta(orig & 11)
09/30/2008Waiver of Brief on the MeritsRespondent Resp elects to rely on the briefs already on file with this Court, and moves pursuant to TRAP 55.6.  Enclosed Ape's brief and Ape's reply brief filed in COA.
09/26/2008Waiver of Brief on the MeritsPetitioner Petitioner, The State of Texas, is electing to rely upon the brief already on file w/the 13th COA. Brief attached to brief waiver letter. (12)
07/11/2008Response to PetitionRespondent Response to PFR (12) filed on behalf of "$281,420.00 in US Currency".
06/13/2008Appendix FiledPetitioner attached to PFR
06/13/2008Petition for ReviewPetitioner PFR appendix attached (12) filed on bhealf of the State of Texas.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/19/2008Solicitor general invited to file brief  The Solicitor General is invited to file a brief in this case expressing the views of the State.  The brief should be filed on or before February 17, 2009.  
11/13/2008Reply Brief  PET's Reply BOM (12) filed on behalf of The State of Texas.
10/27/2008Brief on the Merits  Respondent's brief on the merits on behalf of $281,420.00 In United States Currency and Gregorio Huerta(orig & 11)
10/23/2008Motion for Extension of Time disposed.Filing granted Rsp m/e/t to file brief on the merits granted.  Rsp br due n/l/t 3:00 p.m. on 10/30/08; Reply br due 11/14/08; mlbx rule d/n/a. Further requests for extensions of time will be disfavored.
10/20/2008Motion for Extension of Time to File Brief filed  RSP's unopposed m/e/t to file bom (3) filed on behalf of Mr. Gregorio Huerta.
10/20/2008Call received  Call rec'd from Edward Mallett regarding denial of Resp's motion to file briefs pursuant to TRAP Rule 55.5 & 55.6, being treated as motion to exceed the page limits imposed by TRAP 55.6. Mr. Mallett plans on taking advice from Rules
Attorney to file an extension of time.  Extension will be in our office as soon as possible
10/16/2008Miscellaneous motion disposed. See Remarks.Denied Resp's motion to file briefs pursuant to TRAP Rule 55.5 & 55.6, being treated as motion to exceed the page limits imposed by TRAP 55.6 is denied
10/08/2008Phone call from Clerk's Office  BH called RSP attorney to tell him that there might have been some confusion on how to file the motion filed 9/30/08.  Clerk apologized for the confusion on how to file motion and said it was possible the motion would be denied and he might have to redraw.
10/07/2009Oral argument   argued on behalf of pet by Timothy Davis; argued on behalf of resp by Edward A. Mallett; and argued on behalf of Amicus Office of Solicitor General Sean Jordan
10/02/2009Call received  BH SPOKE TO SHAWN JORDAN WITH THE SOLICITOR GENERAL.  BH CONFIRMED THAT THE PETITIONER MAY RESERVED HALF ITS TIME (5 MINUTES) FOR REBUTTAL AND THAT SG NEED NOT PRESENT REBUTTAL.
10/02/2008Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
09/30/2008Waiver of Brief on the Merits  Resp elects to rely on the briefs already on file with this Court, and moves pursuant to TRAP 55.6.  Enclosed Ape's brief and Ape's reply brief filed in COA.
09/30/2008Call received  from Mr. Mallett's office.  Spoke w/Laura and she will overnight the fee.
09/30/2008Phone call from Clerk's Office  to Mr. Edward Mallett.  Re: to request $10 filing fee for motion to file briefs. Left msg on Mr. Mallett's VM.
09/30/2008Miscellaneous Motion  Resp's motion to file briefs pursuant to TRAP Rule 55.5 & 55.6.  On behalf of Gregorio Huerta. (12)
09/28/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by pet atty Tim Davis of Hidalgo County Criminal District Attorney of Edinburg
09/26/2008Electronic copies of brief posted to website  #08046502  Petitioner Waives Brief; Relies on previous brief filed with coa  Filed: 09/26/08
09/26/2008Waiver of Brief on the Merits  Petitioner, The State of Texas, is electing to rely upon the brief already on file w/the 13th COA. Brief attached to brief waiver letter. (12)
09/25/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by AMC, The State of Texas, by atty Sean D. Jordan of the Office of the Attorney General of Texas, Austin
09/10/2010Case Stored  G02 Row 16 A-4 (2 vols)
09/09/2010Mandate issued  MANDATE & COST BILL ISSUED
09/09/2008Electronic copies of brief posted to website  #08046501  Response to Petition  Filed: 07/11/08
08/29/2008Record Requested in Case 
08/28/2008Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 9/29/08; Rsp br due 10/20/08; Reply br due 11/4/08; mlbx rule d/n/a
07/24/2009Miscellaneous motion disposed. See Remarks.Filing granted Unopposed motion to participate in Oral Argument as Amicus Curiae granted.  Time allotted to argue:  10/10/20
07/22/2009Oral Argument Submission Form from Attorney received  OA submission form submitted on behalf of respondent by Edward A. Mallett of Mallett & Saper, L.L.P. of Houston
07/15/2009Miscellaneous Motion Received  Unopposed motion to participate in Oral Argument as Amicus Curiae.  On behalf of the State of Texas. (12)
07/15/2008Case forwarded to Court 
07/11/2008Response to Petition  Response to PFR (12) filed on behalf of "$281,420.00 in US Currency".
07/10/2009Case set for oral argumentCase set for oral argument Set for OA on 10/7/09 at 9:00 a.m.; time allotted to argue: 20/20 minutes
06/13/2008Appendix Filed  attached to PFR
06/13/2008Petition for Review  PFR appendix attached (12) filed on bhealf of the State of Texas.
05/14/2010Court approved judgment sent to attorneys of recordIssued
05/14/2010Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court
04/17/2009Petition for Review granted 
04/17/2009Petition for Review disposedFiling granted date and time for oral argument are yet to be determined
04/02/2009Response to Amicus Curiae Brief filed  Resp, Gregorio Huerta's response to State of TX's amicus brief. (12)
03/03/2009Amicus Curiae Brief received  Amicus curiae brief on behalf of The State of Texas.  Submitted by Sean D. Jordan, Deputy Solicitor General, P.O. Box 12548(MC 059), Austin, Texas  78711-2548, Phone (512) 936-1700, Fax (512) 474-2697.  (orig & 11)
02/17/2009Motion for Extension of Time disposed.Filing granted Solicitor General's m/e/t to file "invitation brief" is granted.   The brief is due n/l/t 3pm, March 3, 2009.  Further requests will be disfavored.
02/13/2009Motion for Extension of Time to File Brief filed  Motion for Extension of time to file Amicus Brief.  On behalf of Solicitor General. (4)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/10/2010Case StoredCase stored.G02 Row 16 A-4 (2 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
The State of TexasAmicus CuriaeMr. Sean D. Jordan
The State of Texas PetitionerMr. Rene Guerra
Mr. Timothy Audrey Davis
Huerta, GregorioRespondentMr. Edward A. Mallett
OFFICE OF THE SOLICITOR GENERAL OF TEXASOther interested party Mr. Sean Daniel Jordan
Mr. James C. Ho
Court of Appeals Information:
Reverse & Render [duplicate 2] 
312 SW3d 586, 04-03-08 
13th Court of Appeals 
Honorable Dori Contreras 
Trial Court Information
398th District Court 
Hidalgo 
Honorable Aida Salinas Flores 
C-1200-02-I