Supreme Court

Case: 16-0829    
16-0829
10/14/2016
Mandamus/Cause
IN RE STATE OF TEXAS 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/07/2018Motion for RehearingRespondent's Motion for Rehearing of Cause filed Real Party in Interest's Motion for Rehearing filed on behalf of Clarence D. Brown.
01/26/2018Post submission brief filedRelator Post-Submission Letter Brief filed on behalf of The State of Texas.
01/24/2018Post submission brief filedReal Parties in Interest Post Submission Letter Brief filed on behalf of Clarence D. Brown.
07/17/2017Reply BriefRelator Reply Brief on the Merits filed on behalf of the State of Texas.
07/03/2017Brief on the MeritsReal Parties in Interest Real Party in Interest's Brief on the Merits filed on behalf of Clarence D. Brown.
06/07/2017Brief on the MeritsRelator Relator's Brief on the Merits filed on behalf of the State of Texas.
01/27/2017Reply to Petition for Writ of MandamusRelator Reply in Support of Petition for Writ of Mandamus filed on behalf of the State of Texas.
01/24/2017Response to Petition for Writ of Mandamus FiledReal Parties in Interest Response to Petition for Writ of Mandamus filed on behalf of Clarence D. Brown.
10/27/2016Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae Special Prosecution Unit, Civil Division in Support of the State of Texas. Submitted by Melinda Fletcher from SPU Unit of Amarillo, Texas.
10/20/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received from Texas Civil Commitment Office. Submitted by Jessica Marsh.
10/14/2016Petition for Writ of Mandamus filedRelator Petition for Writ of Mandmaus filed on behalf of the State of Texas.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2016Notice requesting filing fee  Sent fee request letter to Mr. Clarence D. Brown.
12/28/2016Electronic communication received from Party  Received email from relator's counsel. He indicated that they are not opposed to real party's motion to extend time to file response.
12/27/2016Electronic communication sent to Party  Email sent to Relator's attorney, Ms. Cunniff, inquiring whether Relator is opposed to the Motion for Extension of Time.
12/27/2016Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Writ of Mandamus filed on behalf of Clarence D. Brown.
12/11/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of real party, Clarence D. Brown. Oral Argument will be presented by Doug W. Ray of Ray & Wood of Austin Texas.
12/06/2016Call received  Call received from the State of Texas regarding the record.
12/05/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of relator, the State of Texas. Oral Argument will be presented by Bill Davis, Assistant Solicitor General of the Office of the Attorney General of Austin Texas.
12/05/2016Motion to file document(s) sealed by the Court disposed.Filing granted State of Texas' Motion to Seal the Mandamus Record Attached to its Petition for Writ of Mandamus granted
12/02/2016Supreme Court of Texas Requested Response  Requested response to petition for writ of mandamus due no later than January 2, 2017.
12/01/2016Phone call from Clerk's Office  Call made to relator's attorney regarding motion to seal.  Left voicemail.
11/16/2016Motion to file document(s) sealed by the Court filed  Motion to Seal Record filed on behalf of the State of Texas.
11/15/2016Call received  State of Texas will be resubmitting the record so that portions are submitted under seal, and will file a motion to seal.
10/27/2016Amicus Curiae Brief received  Brief of Amicus Curiae Special Prosecution Unit, Civil Division in Support of the State of Texas. Submitted by Melinda Fletcher from SPU Unit of Amarillo, Texas.
10/25/2016Case forwarded to Court 
10/20/2016Amicus Curiae Brief received  Amicus Brief received from Texas Civil Commitment Office. Submitted by Jessica Marsh.
10/19/2018Certified cys of cost bill sent to attys of record  Cost Bill Issued
10/19/2018Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Blacklock not sitting)
10/17/2016Electronic communication sent to Party  Messaged Ms. Cunniff. Requested status of corrected record.
10/14/2016Case Record Filed   Record filed on behalf of the State of Texas.
10/14/2016Petition for Writ of Mandamus filed  Petition for Writ of Mandmaus filed on behalf of the State of Texas.
09/11/2018Notice of Appearance  Notice of Appearance of Solicitor General, Kyle Hawkins, replacing Scott Keller.
09/01/2017Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 11, 2018.  Time allotted to argue:  20/20 minutes
09/01/2017Mandamus Set to Argue 
09/01/2017Petition for Writ of Mandamus disposedCase set for oral argument
08/10/2017Notice from attorney regarding vacation dates  Vacation Letter of counsel, Mr. Bill Davis, filed on behalf of State of Texas.
07/17/2017Reply Brief  Reply Brief on the Merits filed on behalf of the State of Texas.
07/03/2017Brief on the Merits  Real Party in Interest's Brief on the Merits filed on behalf of Clarence D. Brown.
06/08/2017Electronic communication received from Party  Received email from relator's counsel and notified the Court that the State does not have any objection to the real party's request.
06/08/2017Electronic communication sent to Party  Contacted relator's counsel regarding the real party's letter requesting record.
06/07/2018Case forwarded to Court 
06/07/2018Motion for Rehearing  Real Party in Interest's Motion for Rehearing filed on behalf of Clarence D. Brown.
06/07/2017Letter Filed  Letter requesting record filed on behalf of Clarence D. Brown.
06/07/2017Phone call from Clerk's Office  Called Mr. Ray, attorney for Real Party in Interest regarding getting access to the sealed portions of the record.
06/07/2017Brief on the Merits  Relator's Brief on the Merits filed on behalf of the State of Texas.
05/31/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Motion for Rehearing is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Motion for Rehearing is due June 6, 2018.
05/29/2018Electronic communication received from Party  Email received from Bill Davis stating the State is not opposed.
05/29/2018Electronic communication sent to Party  Email sent to relator's counsel, Bill Davis, inquiring whether the second motion for extension of time to file motion for rehearing is opposed.
05/29/2018Motion for Extension of Time to File Motion for Rehearing  Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of Clarence D. Brown.
05/21/2018Motion to withdraw disposed ofFiling granted Unopposed Motion to Withdraw as Counsel granted
05/15/2018Motion to Withdraw Filed  Unopposed Motion to Withdraw as Counsel submitted by Doug Ray on behalf of Clarence D. Brown.
05/15/2018Phone call from Clerk's Office  Called Doug Ray, pro bono counsel for real party in interest.
05/15/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due May 29, 2018.
05/15/2018Electronic communication received from Party  Email recevied from relator's counsel stating that the motion for extension of time to file motion for rehearing is not opposed.
05/15/2018Electronic communication sent to Party  Email sent to Bill Davis, counsel for relator, to inquire whether the motion is opposed.
05/14/2018Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Clarence D. Brown.
05/12/2017Brief on the Merits Ordered  Briefs on the merits requested:  Relator's brief due no later than June 12, 2017; Response brief due July 3, 2017; Reply brief due July 18, 2017.
05/11/2017Designation of Lead Counsel   Notice of Appearance of Lead Counsel. Doug Ray will serve as lead attorney for Clarence Brown.
04/27/2018Opinion issuedWrit of Mandamus conditionally granted The Court conditionally grants the writ of mandamus. Justice Lehrmann delivered the opinion of the Court.  (Justice Blacklock not sitting)
(4/27/2018 1:16:49 PM) 160829.pdf
02/21/2017Designation of Lead Counsel   Notice of Designation of Lead Counsel.  Mr. Bill Davis will serve as lead counsel filed on behalf of State of Texas.
02/17/2017Referral to Pro Bono Program - Letter sent to All Counsel of Record and Program Liason  Referral to the Pro Bono Program sent to Parties and to Pro Bono Program Liaison, Mike Truesdale.
01/27/2017Reply to Petition for Writ of Mandamus  Reply in Support of Petition for Writ of Mandamus filed on behalf of the State of Texas.
01/26/2018Post submission brief filed  Post-Submission Letter Brief filed on behalf of The State of Texas.
01/24/2018Post submission brief filed  Post Submission Letter Brief filed on behalf of Clarence D. Brown.
01/24/2017Response to Petition for Writ of Mandamus Filed  Response to Petition for Writ of Mandamus filed on behalf of Clarence D. Brown.
01/20/2017Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Writ of Mandamus is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response due February 21, 2017.
01/19/2017Notice requesting filing fee  Second fee request letter sent to real party in interest, Clarence D. Brown.
01/11/2018Submission Schedule 
01/11/2018Oral argument   Argued on behalf of relator by Bill Davis; Argued on behalf of real party in interest by Doug W. Ray
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/19/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
State of TexasRelatorMs. Celamaine Cunniff
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Bill Davis
Mr. Jeffrey C. Mateer
Ms. Karen D. Matlock
Mr. Brantley David Starr
Mr. Kyle D. Hawkins
Mr. James E. Davis
Ms. Lacey E. Mase  
Brown, Clarence D.Real Party in Interest Clarence D. Brown
Texas Civil Commitment OfficeAmicus CuriaeJessica Marsh
Special Prosecution Unit, Civil DivisionAmicus CuriaeMs. Melinda M. Fletcher
Court of Appeals Information:
Grant 
501 SW3d 116, 09-01-16 
9th Court of Appeals 
Honorable Leanne Johnson 
Trial Court Information
435th District Court 
Montgomery 
Honorable Michael Thomas Seiler 
10-03-02609-CV