Supreme Court

Case: 16-0457    
16-0457
06/16/2016
Petition for Review/Cause under Rule 53.1
THE STATE OF TEXAS 
BERNARD MORELLO 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/11/2018Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Bernard Morello.
06/08/2017Reply BriefPetitioner Reply Brief on the Merits filed on behalf of The State of Texas.
05/24/2017Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Bernard J. Morello.
04/19/2017Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of the State of Texas.
02/03/2017Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of the State of Texas.
01/02/2017Response to PetitionRespondent Response to Petition for Review filed on behalf of Bernard Morello.
08/19/2016Petition for ReviewPetitioner Petition for Review filed on behalf of State of Texas.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/21/2016Motion for Extension of Time to File Response disposedFiling granted Second Unopposed Motion for Extension of Time to file Response to Petition for Review is granted. No further extensions of time will be considered. Response is due January 2, 2017.
12/20/2016Motion for Extension of Time to File Response  Second Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Bernard Morello.
12/07/2017Submission Schedule  Submission Schedule due December 7, 2017.
12/07/2017Oral argument   Argued on behalf of petitioner by Craig J. Pritzlaff; Argued on behalf of respondent by Jacqueline Lucci Smith
11/26/2018Notice received  Notice from the US Supreme Court to notify the Court that the petition for writ of certiorari was denied.
11/18/2016Electronic communication sent to Party  Messaged Ms. Smith. Requested that the motion for extension of time to file the response be resubmitted so that the fee is paid.
11/18/2016Motion to substitute disposedFiling granted Motion to Substitute is granted.
11/18/2016Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time is granted. Response is due December 21, 2016. Further requests for extensions of time for this filing will be disfavored.
11/17/2016Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response filed on behalf of Bernard Morello.
11/17/2016Motion to Substitute filed  Motion to Substitute filed on behalf of Bernard Morello.
10/21/2016Supreme Court of Texas Requested Response  Requested response to petition for review due no later than November 21, 2016.
10/18/2018Notice received  Notice from the US Supreme Court to notify the Court that a writ of certiorari was filed and assigned No. 18-463.
09/27/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of respondent, Bernard Morello. Oral Argument will be presented by Jacqueline Lucci Smith of Lucci Smith Law, PLLC of Houston, Texas.
09/27/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of petitioner, the State of Texas. Oral Argument will be presented by Craig J. Pritzlaff of the Office of the Attorney General of Texas of Austin, Texas.
09/20/2016Case forwarded to Court 
09/18/2018Letter Received  The application for an extension of time to file petition for writ of certiorari granted and due October 10, 2018 in the Supreme Court of the United States.
09/13/2016Response Waiver filed  Response Waiver filed on behalf of Bernard Morello.
09/01/2017Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 7, 2017.  Time allotted to argue:  20/20 minutes
09/01/2017Petition for Review disposedFiling granted
09/01/2017Petition for Review granted 
08/30/2018Case Stored  e-stored
08/19/2016Petition for Review  Petition for Review filed on behalf of State of Texas.
07/18/2016Second Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review filed on behalf of the State of Texas has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due August 19, 2016.
07/18/2016Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of the State of Texas.
06/22/2018Mandate issued  Mandate & Cost Bill Issued
06/22/2018Motion for Rehearing - DisposedDenied
06/16/2016Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of the State of Texas has been granted. Petition for Review is due July 20, 2016.
06/16/2016Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of the State of Texas.
06/08/2017Reply Brief  Reply Brief on the Merits filed on behalf of The State of Texas.
05/24/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted. Response Brief was filed May 24, 2017.
05/24/2017Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Bernard Morello.
05/24/2017Brief on the Merits  Response Brief on the Merits filed on behalf of Bernard J. Morello.
05/24/2017Call received  Ms. Smith will file a motion for extension of time for to file the respondent's brief on the merits.
05/14/2018Document filed (see remarks)  Response Waiver for Motion for Rehearing filed on behalf of the State of Texas.
05/11/2018Case forwarded to Court 
05/11/2018Motion for Rehearing  Motion for Rehearing filed on behalf of Bernard Morello.
05/09/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's brief is due May 23, 2017; Reply brief is due June 7, 2017.
05/09/2017Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Bernard Morello.
04/19/2017Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of the State of Texas.
04/11/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Motion for Rehearing granted.  No further extensions of time will be considered.  Motion for Rehearing is due no later than May 11, 2018.
04/11/2018Motion for Extension of Time to File Motion for Rehearing  Second Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Bernard Morello.
03/13/2017Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's brief is due April 19, 2017; Respondent's brief is due May 9, 2017; Reply brief is due May 24, 2017.
03/13/2017Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of the State of Texas.
03/09/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Motion for Rehearing granted. Further requests for extensions of time will be disfavored.  Motion for Rehearing is due no later than April 11, 2018.
03/08/2018Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Bernard Morello.
02/24/2017Case Record Filed   Electronic Appellate Record received.
02/23/2018Court approved judgment sent to attorneys of recordIssued
02/23/2018Opinion issuedCourt of Appeals' judgment reversed, trial court judgment reinstated The Court reverses the court of appeals' judgment and reinstates the trial court's judgment.  Justice Johnson delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Brown joined. Justice Blacklock did not participate.
(2/23/2018 1:01:06 PM) 160457.pdf, 16-0457.jmt.pdf
02/21/2017Record Requested in Case  Record requested from the 3rd COA
02/17/2017Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than March 20, 2017; Response brief due April 10, 2017; Reply brief due April 25, 2017.
02/03/2017Reply to Response  Reply in Support of Petition for Review filed on behalf of the State of Texas.
01/10/2017MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply is due February 6, 2017.
01/10/2017Motion to Extend Time to File Reply filed  Unopposed Motion to Extend Time to File Reply in Support of Petition for Review filed on behalf of State of Texas.
01/02/2017Response to Petition  Response to Petition for Review filed on behalf of Bernard Morello.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/30/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Morello, BernardRespondentMs. Mary W. Koks
Ms. Jacqueline L. Smith
Mr. James M. Juranek
Taylor L. Shipman
Mr. Keith Walton Lapeze
Mr. Stephen A. Doggett
State of TexasPetitionerMs. Linda B. Secord
Mr. Jeffrey C. Mateer
Mr. Craig J. Pritzlaff
Ms. Priscilla M. Hubenak
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Brantley David Starr
Mr. James Edward Davis
Court of Appeals Information:
Reverse & Remand 
539 SW3d 330, 05-06-16 
3rd Court of Appeals 
Honorable David E. Puryear 
Trial Court Information
353rd District Court 
Travis 
Honorable Rhonda G. Hurley 
D-1-GV-06-000627