Supreme Court

Case: 10-0859    
10-0859
10/18/2010
Petition for Review/Cause under Rule 53.1
IN THE MATTER OF M.P.A. 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/14/2012Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of Eric Roehm, M.D. (12)
01/13/2012Post submission brief filedPetitioner Petitioner's Post-Submission Brief filed on behalf of M.P.A.  (HARD COPIES REC'D)
01/12/2012Fully hyperlinked brief filedPetitioner HYPERLINKED BRIEF  Petitioner's Benchbook with Exhibits filed on behalf of M.P.A.
01/09/2012Exhibits in case/cause filedPetitioner E-FILED  Petitioner's Benchbook with Exhibits for Oral Argument filed on behalf of M.P.A.  (HARD COPIES REC'D)
08/19/2011Reply BriefPetitioner EFILED Petitioner's Reply Brief on the Merits filed on behalf of M.P.A. (HARD COPIES REC'D)
07/21/2011Amicus Curiae Brief receivedReceived (instead of filed) E-FILED  The Innocence Project of Texas's Amicus Curiae Brief in support of Petition for Review.  Submitted by Craig T. Enoch; ENOCH KEVER PLLC, 600 Congress Avenue, Suite 2900, Austin, Texas 78701, 512.615.1200.  (HARD COPIES REC'D)
07/21/2011Brief on the MeritsRespondent State's response brief on the merits to M.P.A., petition for review. (orig & 11)
06/06/2011Amended Brief filedPetitioner E-FILED: Amended Petitioner's Brief on the Merits filed on behalf of M.P.A. (hard copies received)
06/01/2011Brief on the MeritsPetitioner E-FILED: Petitioner's Brief on the Merits filed on behalf of M.P.A. (HARD COPIES RECEIVED)
03/18/2011Reply to ResponsePetitioner Reply to Response to Petition for Review on behalf of M.P.A. (12)
02/28/2011Response to PetitionRespondent Response to petition (12) filed on behalf of the State of Texas.
11/29/2010Supplemental appendix Petitioner Supplemental Appendix: Court of Appeals opinion (12) filed on behalf of M.P.A.
11/23/2010Appendix FiledPetitioner attached to petition
11/23/2010Petition for ReviewPetitioner Petition appendix attached (12) filed on behalf of MPA.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2010Supreme Court of Texas Requested Response  Requested reponse to petition for review due no later than 3:00 p.m. on 1/28/11; mailbox rule does not apply
12/16/2011Miscellaneous motion disposed. See Remarks.Filing granted unopposed motion for leave to divide time at oral argument granted
12/07/2010Case forwarded to Court 
12/02/2011Miscellaneous Motion  E-FILED  Petitioner M.P.A.'S Unopposed Motion for Leave to Divide Time at Oral Argument.
12/02/2011Oral Argument Submission Form from Attorney received  Oral argument submission form submitted by respondent attorneys James (Jim) V. Murphy and John Gauntt, Jr. of Bell County Attorney's Office; Juvenile Division of Belton, TX
12/02/2010Response Waiver filed  Response waiver to petition for review filed on behalf of The State of Texas.  (orig & 1)
11/29/2010Supplemental appendix   Supplemental Appendix: Court of Appeals opinion (12) filed on behalf of M.P.A.
11/24/2010Phone call from Clerk's Office  Left message for Dustin Howell.  Requested whether or not the court of appeals issued a judgment.
11/23/2010Appendix Filed  attached to petition
11/23/2010Petition for Review  Petition appendix attached (12) filed on behalf of MPA.
10/28/2011Oral Argument Submission Form from Attorney received  Oral argument form submitted on behalf of petitioner attorneys Dustin Howell of Baker Botts, L.L.P. of Austin and Clint Broden of Broden & Mickelsen of Dallas, TX
10/19/2010Motion for Extension of Time to File Petition for Review disposedFiling granted Petition due November 24, 2010.
10/19/2010Call received  from Mr. Murphy to inform the Court that he does oppose the petitioner's motion but won't file a response to it.
10/19/2010Phone call from Clerk's Office  to Mr. Murphy.  RE: to inquire whether he intends to file a response in regard its opposition to petitioner's motion for extension of time. Left message.
10/18/2010Phone call from Clerk's Office  to Mr. Howell to inquire what is case number from the court of appeals for this appeal; per Mr. Howell, it is 03-08-00337-CV.
10/18/2010Motion for Extension of Time to File Petition for Review filed  Motion for extension of time to file Petition for Review. On behalf of M.P.A. (3)
09/30/2011Case set for oral argumentCase set for oral argument Set for oral argument on 1/10/2012 @ 9 a.m.; time allotted to argue:  20/20 minutes
09/30/2011Petition for Review granted 
09/30/2011Petition for Review disposedFiling granted
08/19/2011Reply Brief  EFILED Petitioner's Reply Brief on the Merits filed on behalf of M.P.A. (HARD COPIES REC'D)
07/29/2011Motion for Extension of Time disposed.Filing granted Unopposed motoin for extension of time to file petitioner's reply brief on the merits granted.  Reply brief due no later than 3:00 p.m. on 8/19/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
07/26/2011Motion for Extension of Time to File Brief filed  E-FILED  Petitioner MPA's Unopposed Motion for Extension of Time to file Reply Brief on the Merits. (HARD COPIES REC'D)
07/21/2011Amicus Curiae Brief received  E-FILED  The Innocence Project of Texas's Amicus Curiae Brief in support of Petition for Review.  Submitted by Craig T. Enoch; ENOCH KEVER PLLC, 600 Congress Avenue, Suite 2900, Austin, Texas 78701, 512.615.1200.  (HARD COPIES REC'D)
07/21/2011Brief on the Merits  State's response brief on the merits to M.P.A., petition for review. (orig & 11)
06/24/2011Motion for Extension of Time disposed.Filing granted Respondent State of Texas' Unopposed Motion for Extension of Time to file Brief on the Merits granted.  Response brief due no later than 3:00 p.m. on 7/21/11; Reply brief due 8/5/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
06/21/2011Motion for Extension of Time to File Brief filed  Respondent State of Texas' Unopposed Motion for Extension of Time to file Brief on the Merits. (3)
06/06/2011Amended Brief filed  E-FILED: Amended Petitioner's Brief on the Merits filed on behalf of M.P.A. (hard copies received)
06/01/2011Brief on the Merits  E-FILED: Petitioner's Brief on the Merits filed on behalf of M.P.A. (HARD COPIES RECEIVED)
05/31/2012Case Stored  G02 Row 21 J-3 (4 vols)
05/24/2012Miscellaneous motion disposed. See Remarks.Filing granted joint emergency motion for immediate mandate granted
05/24/2012Mandate issued  Mandate & Cost Bill Issued
05/23/2012Miscellaneous Motion  M.P.A.'S and Bell County's Joint Emergency Motion for Immediate Mandate.
05/22/2012Call received  From Baker Botts (Dustin Howell) to inform the Court that they will be efiling a joint emergency motion to issue mandate.
05/21/2014Case Stored - stored case location updated  Row 13 E-5
05/18/2012Court approved judgment sent to attorneys of recordIssued
05/18/2012Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court
04/28/2011Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file petitioner's brief on the merits granted.  Petitioner's brief on the merits due no later than 3:00 p.m. on 6/1/11; Response brief due 6/21/11; Reply brief due 7/6/11; mailbox rule does not apply if filing by paper.  Further requests for extensions of time will be disfavored.
04/26/2011Motion for Extension of Time to File Brief filed  E-FILED  Unopposed motion for extension of time to file Petitioner's Brief on the Merits. On behalf of M.P.A. (HARD COPIES REC'D)
04/12/2011Case Record Filed   CLK REC (5) VOLS, REPS REC (4) VOLS, EXHIBIT (1) VOL, ANTS BR, APES BR, ANTS REPLY BR, ANTS MO/RE, ANTS MO/RE EN BANC, MISC FOLDER, JUDGEMENT, OPINION (AF), OPINIONS ON REHEARS-OVRULE
04/05/2011Record Requested in Case 
04/01/2011Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than 3:00 p.m. on 5/2/11; Response brief due 5/23/11; Reply brief due 6/7/11; mailbox rule does not apply if filing by paper
03/18/2011Phone call from Clerk's Office  Call made to petitioner attorney, Dustin Howell, for electronic version of reply to response; left voicemail
03/18/2011Reply to Response  Reply to Response to Petition for Review on behalf of M.P.A. (12)
03/18/2011MET to file reply disposed ofFiling granted Unopposed motion for extension of time to file reply in support of petition for review granted.  Reply filed 3/18/11.
03/15/2011Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to File Reply in Support of Petition for Review filed on behalf of M.P.A. (2)
03/14/2012Amicus Curiae Letter Received  Amicus Curiae Letter filed on behalf of Eric Roehm, M.D. (12)
02/28/2011Response to Petition  Response to petition (12) filed on behalf of the State of Texas.
02/01/2011Motion for Extension of Time disposed.Filing granted First motion for extension of time to file response to petition for review due no later than 3:00 p.m. on 2/28/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
01/28/2011Motion for Extension of Time to File Response  Unopposed motion for extension of time to file Response to Petition for Review. (2) On behalf of State of Texas.
01/13/2012Post submission brief filed  Petitioner's Post-Submission Brief filed on behalf of M.P.A.  (HARD COPIES REC'D)
01/12/2012Fully hyperlinked brief filed  HYPERLINKED BRIEF  Petitioner's Benchbook with Exhibits filed on behalf of M.P.A.
01/10/2012Oral argument   argued on behalf of petitioner by Dustin Howell and Clint Broden; argued on behalf of respondent by James (Jim) V. Murphy and John Gauntt, Jr.
01/09/2012Exhibits in case/cause filed  E-FILED  Petitioner's Benchbook with Exhibits for Oral Argument filed on behalf of M.P.A.  (HARD COPIES REC'D)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/21/2014Case StoredCase stored.Row 13 E-5
05/31/2012Case StoredCase stored.G02 Row 21 J-3 (4 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
Innocence Project of TexasAmicus CuriaeMr. Craig T. Enoch
Roehm, M.D., EricAmicus CuriaeDr. Eric Roehm M.D.
State of TexasRespondentMr. James Vernon Murphy
Mr. Richard J. Miller
Mr. John Thomas Gauntt Jr.
M.P.A.PetitionerMs. Deborah G. Hankinson
Mr. F. Clinton Broden
Dustin Mark Howell
Justice Nancy Elizabeth Kennedy
Mr. James Harold Kreimeyer
Court of Appeals Information:
Affirmed [duplicate 3] 
___ SW3d ___, 07-14-10 
3rd Court of Appeals 
Honorable Robert Harrison Pemberton 
Trial Court Information
169th District Court 
Bell 
Honorable Gordon G. Adams 
222,074-C