Supreme Court

Case: 09-0465    
09-0465
05/26/2009
Petition for Review/Cause under Tex. R. App. P. 59.1
JAMES LEE SWEED 
JAY L. NYE ET AL. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/20/2010Reply to ResponsePetitioner Reply to response (12) filed on behalf of James Lee Sweed.
08/13/2010Amended Brief filedRespondent Amended Brief on the merits (12) filed on behalf of Jay L. Nye.
08/06/2010Response to Petition  Response struck pursuant to TRAP 9.4(f); redrafted response due 8/16/10
08/05/2010Response to PetitionRespondent Response to petition (12) filed on behalf of Jay Nye.
08/04/2010Reply BriefPetitioner Reply brief on the merits (12) filed on behalf of James Lee Sweed.
07/12/2010Brief on the MeritsRespondent Respondents' Brief on the Merits. On behalf of State of Texas, et al. (12)
06/16/2010Brief on the MeritsPetitioner Petitioner's brief on the merits. On behalf of James Lee Sweed. (12)
11/09/2009Reply to ResponsePetitioner Reply to response to pet/rev.   On behalf of James Lee Sweed. (12)
11/02/2009Response to PetitionRespondent Response to pet/rev. On behalf of State of Texas, Attorney General's Office and Jaime Esparza. (12)
05/26/2009Appendix FiledPetitioner Appendix attached to PFR.
05/26/2009Petition for ReviewPetitioner On behalf of James Lee Swaab.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/17/2009Notice from Counsel of a change in address  Mr. Sweed's change of address:  Rescue Missioner of El Paso, 1949 W. Paisano, El Paso, Texas 79922 (1) filed on behalf of Jimmy Lee Sweed.
12/03/2010Record returned to Court of Appeals  RECORD RETURNED TO 8TH COA
12/03/2010Mandate issued  Mandate & Cost Bill Issued
11/09/2009Reply to Response  Reply to response to pet/rev.   On behalf of James Lee Sweed. (12)
11/05/2009Adopt by Reference pursuant to Tex. R. App. P. 9.7   Mr. Jay L. Nye's adoption of Mr. Esparza's response (12).
11/05/2009Referral to Pro Bono Program - Letter sent to All Counsel of Record and Program Liason  Referral to Pro Bono Program letter sent to pro se, cousel of record, and program liason (Marcy Hogan Greer)
11/02/2009Response to Petition  Response to pet/rev. On behalf of State of Texas, Attorney General's Office and Jaime Esparza. (12)
10/30/2009Phone call from Clerk's Office  Call made to Mr. Demetri Anastasiadis, counsel for resp, State of Texas, et al., in regards his copies of response to pet/rev.  These copies are titled erroneously as State of Texas et al.'s Petition for Review and it should be Response to Pet/Rev.  Per Mr. Anastasiadis, he will be sending someone over the Clerk's office to swap covers for correct ones.
10/22/2010Court approved judgment sent to attorneys of recordIssued
10/22/2010Opinion issuedCourt of Appeals' judgment reversed and remanded to Court of Appeals
10/22/2010Petition for Review granted under TRAP 59.1 
10/22/2010Petition for Review disposedPetition granted pursuant to TRAP 59.1
10/06/2009Supreme Court of Texas Requested Response  Requested response to petition for review due n/l/t 3:00 p.m. on 11/5/09; mlbx rule d/n/a
08/20/2010Reply to Response  Reply to response (12) filed on behalf of James Lee Sweed.
08/20/2009Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
08/17/2009Record Requested in Case 
08/13/2010Phone call from Clerk's Office  Requested electronic copy of amended response brief.
08/13/2010Amended Brief filed  Amended Brief on the merits (12) filed on behalf of Jay L. Nye.
08/06/2010Response to PetitionFiled document is struck by the Court Response struck pursuant to TRAP 9.4(f); redrafted response due 8/16/10
08/05/2010Response to Petition  Response to petition (12) filed on behalf of Jay Nye.
08/04/2010Phone call from Clerk's Office  Requested electronic copy of reply brief.
08/04/2010Reply Brief  Reply brief on the merits (12) filed on behalf of James Lee Sweed.
07/20/2010Motion for Extension of Time disposed.Filing granted Jay L. Nye's response brief is due no later than 3pm, August 5, 2010.  Reply brief is due no later than 3pm, August 20, 2010.  further requests will be disfavored.  maibox rule does not apply.
07/19/2010Supplement to Clerk's/Reporter's Record  Supplement to Clerk's Record has been received from the 8th Court of Appeals.  This supplement was requested to the 8th COA by attorney James P. Sullivan because there it was a document ommitted.
07/15/2010Call received  Call from Yoli with 8th COA letting the Court know that she will be sending us a Supplement to the Record that was requested by respondent's attorney (see letter filed 7/6/10).
07/12/2010Brief on the Merits  Respondents' Brief on the Merits. On behalf of State of Texas, et al. (12)
07/07/2010Phone call from Clerk's Office  Left message for Mr. Nye.  Requested fee for motion.
07/07/2010Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file brief (2) filed on behalf of Jay L. Nye, et al.
07/06/2010Motion for Extension of Time disposed.Filing granted State of Texas' response brief is due no later than 3pm, July 20, 2010.  Reply brief is due no later than 3pm, August 4, 2010.  mailbox rule does not apply.  further requests will be disfavored.
07/06/2010Letter Filed  Letter from respondent's atty, Mr. James P. Sullivan with the AG's office, informing  the Court that they have requested  the 120th Jud. District to supplement the clerk's record to include a document that has been omitted. (orig & 2)
07/02/2010Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file brief (2) filed on behalf of the State of Texas, et al.
07/01/2010Designation of Lead Counsel   Designation of Mr. James P. Sullivan as lead counsel for the State of Texas.  (orig & 3)
06/30/2009Case forwarded to Court 
06/16/2010Brief on the Merits  Petitioner's brief on the merits. On behalf of James Lee Sweed. (12)
06/12/2009Letter Filed  from Pet, Jimmy Lee Sweed, asking the Court to order the respondents to response to pet/rev.  (1)
06/09/2009Response Waiver filed  Response waiver filed on behalf of respondents, D.A. Jaime Esparza, The State of Texas and the Texas Attorney General (orig & 10)
05/26/2009Affidavit of Inability to Pay Court Costs  Incorporated w/PFR. On behalf of James Lee Sweed.
05/26/2009Appendix Filed  Appendix attached to PFR.
05/26/2009Petition for Review  On behalf of James Lee Swaab.
05/10/2010Notice received  Notice of withdrawal of waiver of response to petition (12) filed on behalf of DA Jaime Esparza, State of Texas and the Texas Attorney General.
05/03/2010Motion for Extension of Time disposed.Filing granted Petitioner's brief is due no later than 3pm, June 16, 2010.  Respondent's brief is due no later than 3pm, July 6, 2010.  Reply brief is due no later than 3pm, July 21, 2010.  further requests will be disfavored.  mailbox rule does not apply.
04/30/2010Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file Petitioner's Brief on the Merits. On behalf of James Lee Sweed. (3)
04/16/2010Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 5/17/10; Rsp br due 6/7/10; Reply br due 6/22/10; mlbx rule d/n/a
04/13/2010Notice of Appearance  Notice of Appearance and Designation of Lead Counsel for Petitioner, James Lee Sweed. (12)  New Lead Counsel is Patrick G. O'Brien.  Additional attorneys make appearances on behalf of Petitioner, these are: Scott T. Williams and Andrew F. Newman.
03/18/2010Notice from Counsel of a change in address  For pet, Mr. Jimmy Lee Sweed.  updated in CM.
01/28/2011Case Stored  G02 Row 18 G-4
01/20/2010Letter sent to parties from Supreme Court - See Remarks  Resent letter to James Lee Sweed regarding pro bono pilot program.  Address was updated on 12/17/09 so Mr. Sweed may not have request.  Let Marcy Greer know that second letter was being sent again.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/28/2011Case StoredCase stored.G02 Row 18 G-4
Parties
Party▲▼Party Type▲▼Representative▲▼
Nye, Jay L.RespondentMr. Jay L. Nye
Sweed, James LeePetitionerMr. Patrick Gregory O'Brien
Mr. Ryan Thomas Cosgrove
Mr. Scott Williams
Mr. Andrew Forest Newman
Mr. James Lee Sweed
Esparza, JaimeRespondentMr. Gregory Abbott
Mr. C. Andrew Weber
Mr. James C. Ho
Mr. James P. Sullivan
Mr. Demetri Anastasiadis
Mr. David A. Talbot Jr.
Mr. David S. Morales
Court of Appeals Information:
Reversed and Remanded 
354 SW3d 823, 08-26-11 
8th Court of Appeals 
Honorable Ann Crawford McClure 
Trial Court Information
120th District Court 
El Paso 
Honorable Luis Aguilar 
2005-5667