Supreme Court

Case: 11-0282    
11-0282
04/19/2011
Petition for Review/Cause under Rule 53.1
IN THE INTEREST OF E.R., J.B., E.G., AND C.L., CHILDREN 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/21/2012Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Respondent The State of Texas.
04/16/2012Amicus Curiae Brief receivedReceived (instead of filed) Brief of the State of Texas as Amicus Curiae. Submitted by Arthur C. D’Andrea, Office of the Attorney General, P.O. Box 12548 (MC 059), Austin Texas 78711-2548, (512) 936-2868.  (HARD COPIES REC'D)
10/07/2011Reply BriefPetitioner E-FILED  Petitioner E.R.'s Reply Brief on the Merits.  HARD COPIES RECEIVED.
09/27/2011Brief on the MeritsRespondent E-FILED  Respondent's Brief on the Merits filed on behalf of State of Texas.  HARD COPIES RECEIVED.
09/19/2011Brief on the MeritsPetitioner E-FILED  Brief on the Merits filed on behalf of Lamia Raibon.  HARD COPIES RECEIVED.
07/13/2011Response to PetitionRespondent Respondent the State of Texas' Response to Petition for Review. (12)
06/27/2011Appendix FiledPetitioner E-FILED: Appendix attached.
06/27/2011Petition for ReviewPetitioner E-FILED: Petition for Review filed on behalf of E.R. (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/28/2011Oral Argument Submission Form from Attorney received  Oral argument submission form submitted by Jeremy C. Martin of Malouf & Nockels LLP of Dallas, TX
12/22/2011Submission resetCase set for oral argument Oral argument of this case will be conducted February 28, 2012 at 9:00 a.m.
12/22/2011Motion to re-set submission disposedFiling granted Motion to re-set oral argument granted. Oral Argument is reset on February 28, 2012.
12/16/2011Motion to re-set submission date filed.  E-FILED  Unopposed Motion to Reset Submission and Oral Argument Date filed on behalf of E.R.
12/16/2011Call received  Mr. Martin informed the Court that he will be filing a Motion to Reset the Oral Argument today via e-filing.
12/16/2011Case set for oral argumentCase set for oral argument Oral argument of this case will be conducted on Thursday, February 9, 2012 at 9:00 a.m. at The University of Texas, Austin, Texas. See Tex. Const. art. V, § 3(a).
12/16/2011Petition for Review granted 
12/16/2011Petition for Review disposedFiling granted
12/07/2011Designation of Lead Counsel   E-FILED  The law firm of Simpson Martin, LLP will no longer represent the Petitioner.  Malouf & Nockels LLP will be the firm of record and lead counsel Jeremy Martin has a new contact information.  Updated in CMS.
10/07/2011Reply Brief  E-FILED  Petitioner E.R.'s Reply Brief on the Merits.  HARD COPIES RECEIVED.
09/27/2011Brief on the Merits  E-FILED  Respondent's Brief on the Merits filed on behalf of State of Texas.  HARD COPIES RECEIVED.
09/26/2012Case Stored  G02 Row 21 F-2
09/19/2011Brief on the Merits  E-FILED  Brief on the Merits filed on behalf of Lamia Raibon.  HARD COPIES RECEIVED.
09/13/2011Motion for Extension of Time disposed.Filing granted JOINT Motion to Modify Briefing Schedule granted.  Petitioner's brief due 9/19/11; Response brief due 9/29/11; Reply brief due 10/7/11.  Further requests for extensions of time will be disfavored.
09/12/2011Motion for Extension of Time to File Brief filed  E-FILED  JOINT Motion to Modify Briefing Schedule. On behalf of Petitioner Lamia Raibon and Respondent The State of Texas. (HARD COPIES REC'D)
09/06/2011Letter Filed  (1) copy of the letter that was sent to the 5th Court of Appeals that inform that Petitioner's Counsel is providing them "a check in the amount of $25 as Petitioner's/Appellant's shipping fee for the Record...to be transmitted to the Supreme Court."
08/31/2012Mandate issued  Mandate & Cost Bill Issued
08/31/2012Concurring Opinion issued.Issued Justice Lehrmann delivered a concurring opinion.
08/31/2012Motion for Rehearing - DisposedDenied
08/30/2011Case Record Filed   Clerk's record (1V), supp clk's record (1V), reporter's record (3 V - one with a disk), ant's br, ant's amended br, ant's reply br, ape's br, ape's amended br, misc. folder (mos. & corres.), judgment (2), opinion (2), dissenting opinion (2)
08/26/2011Record Requested in Case 
08/26/2011Brief on the Merits Ordered  Petitioner's brief due 09/12/11, Respondent's brief due 09/22/11, Reply brief due 09/30/11.
08/21/2012Case forwarded to Court 
08/21/2012Motion for Rehearing  Motion for Rehearing filed on behalf of Respondent The State of Texas.
08/01/2012Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time is granted. Motion for Rehearing is due August 21, 2012.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
07/31/2012Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of the State of Texas.
07/13/2011Response to Petition  Respondent the State of Texas' Response to Petition for Review. (12)
07/06/2012Court approved judgment sent to attorneys of recordIssued
07/06/2012Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court
07/05/2011Phone call from Clerk's Office  Spoke with attorney Phannenstiel and alerted her to the court's request for an expedited response by 07/15/11.
07/05/2011Supreme Court of Texas Requested Response  Requested Response to Petition for Review due no later than 3 p.m. on 07/15/11; mailbox rule does not apply if filing by paper.
06/27/2011Appendix Filed  E-FILED: Appendix attached.
06/27/2011Petition for Review  E-FILED: Petition for Review filed on behalf of E.R. (HARD COPIES REC'D)
06/21/2011Third Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due June 27, 2011.  NO FURTHER REQUESTS FOR EXTENSIONS OF TIME WILL BE CONSIDERED.
06/20/2011Third Motion for Extension of Time to File Petition for Review filed  E-FILED  Unopposed third motion for extension of time to file petition for review filed on behalf of Lamia Raibon.  HARD COPIES RECEIVED.
05/21/2014Case Stored - stored case location updated  Row 11 D-3
05/17/2011Second Motion for Extension of Time to File Petition for Review disposedFiling granted Petitioner's second unopposed motion for extension of time to file petition for review granted.  Petition for review due 6/20/11.  Further requests for extensions of time will be disfavored.
05/16/2011Second Motion for Extension of Time to File Petition for Review filed  E-Filed: Second Motion for Extension of Time to File Petition for Review on behalf of E.R. (HARD COPIES REC'D 5/18/11)
04/20/2011Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due May 18, 2011.
04/19/2012Letter Filed  Letter in response to Amicus Brief of the State of Texas.
04/19/2011Motion for Extension of Time to File Petition for Review filed  E-FILED Unopposed motion for extension of time to file Petition for Review. On behalf of E.R.
04/18/2012Motion for Extension of Time disposed.Filing dismissed as moot Motion for Extension of Time is dismissed as Moot.  Brief was filed on current due date, May 16, 2012.
04/16/2012Amicus Curiae Brief received  Brief of the State of Texas as Amicus Curiae. Submitted by Arthur C. D’Andrea, Office of the Attorney General, P.O. Box 12548 (MC 059), Austin Texas 78711-2548, (512) 936-2868.  (HARD COPIES REC'D)
04/03/2012Phone call from Clerk's Office  BH called attorney Philip Lionberger, Assistant Solicitor General, to inform him that the Court would like for the Solicitor General's Office to submit a brief within the requested time frame.
04/03/2012Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Brief filed on behalf of the Solicitor General.
03/16/2012Phone call from Clerk's Office  Left message for Solicitor General that the Court has requested the brief by 04/16/12. It was emphasized that this is a PT case that is a granted cause and that the Court would appreciate a brief by that date.
03/16/2012Solicitor general invited to file brief  The Solicitor General is invited to file a brief in this case expressing the views of the State. Brief due April 16, 2012.
02/28/2012Oral argument   argued on behalf of petitioners by Jeremy C. Martin; argued on behalf of respondent by Kimberly Duncan
02/13/2012Oral Argument Submission Form from Attorney received  OA submission form submitted by respondent attorney Kimberly Duncan of Dallas County District Attorney's Office of Dallas, TX
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/21/2014Case StoredCase stored.Row 11 D-3
09/26/2012Case StoredCase stored.G02 Row 21 F-2
Parties
Party▲▼Party Type▲▼Representative▲▼
Solicitor General of TexasAmicus CuriaeMr. Arthur C. D'Andrea
Mr. Jonathan F. Mitchell
E.R.PetitionerMs. Georganna L. Simpson
Mr. Jeremy Martin
State of TexasRespondentMr. Michael Chad Kotwal
Mr. Michael R. Casillas
Mr. Craig M. Watkins
Ms. Kimberly Joy Duncan
Court of Appeals Information:
Affirmed [duplicate 3] 
335 SW3d 816, 03-03-11 
5th Court of Appeals 
Honorable Robert M. Fillmore 
Trial Court Information
304th District Court 
Dallas 
Honorable William A. Mazur 
06-1398-W-304