Supreme Court of Texas Blog

No. 04-0460
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THE STATE OF TEXAS AND THE TEXAS PARKS AND WILDLIFE DEPARTMENT v. RICKY SHUMAKE AND SANDRA SHUMAKE, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF KAYLA SHUMAKE, DECEASED

Oral argument was held on April 12, 2005. The Court issued an opinion resolving the case on June 23, 2006. It then denied rehearing on September 22, 2006 File Closed

Opinions

June 23, 2006

Medina
Jefferson
Hecht
Oneill
Green
Johnson

Justice Medina delivered the opinion of the Court, joined by Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Green, and Justice Johnson PDF

Brister

Justice Brister delivered a dissenting opinion PDF

Wainwright

Justice Wainwright delivered a concurring opinion PDF

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Aff/Rev/Ren
COA Docket No.:03-03-00111-CV
Opinion Author:Honorable Bea Ann Smith

Trial Court

Trial Court:33rd District Court
County:Blanco
Trial Judge:Honorable Guilford L. (Gil) Jones
Trial Docket:5278

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2006-10-16 Case Stored  
2006-09-27 Mandate issued  
2006-09-22 Motion for Rehearing - Disposed Denied with Justice not sitting.
  This case was waiting for a decision about a pending motion for rehearing between August 1, 2006 and September 22, 2006.  
2006-08-01 Amicus Curiae Letter Received  
2006-07-25 Amicus Curiae Brief received  
2006-07-20 Motion for Rehearing  
2006-07-20 Case forwarded to Court
2006-07-06 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2006-07-05 Certification (various) in case received  
2006-06-30 Motion for Extension of Time to File Motion for Rehearing  
2006-06-23 Dissenting opinion issued. Issued
2006-06-23 Opinion issued Court of Appeals' judgment affirmed
2006-06-23 Court approved judgment sent to attorneys of record Issued
2006-06-23 Concurring Opinion issued. Issued
  This case was awaiting the Court's decision after oral argument between May 10, 2005 and June 23, 2006.  
2005-05-10 Electronic copies of brief posted to website  
2005-04-25 Electronic copies of brief posted to website  
2005-04-19 Post submission brief filed (Petitioner)  
2005-04-12 Oral argument  
2005-04-08 Electronic copies of brief posted to website  
2005-04-01 Amicus Curiae Brief received  
2005-03-10 Electronic copies of brief posted to website  
2005-03-10 Electronic copies of brief posted to website  
2005-03-10 Electronic copies of brief posted to website  
2005-03-10 Electronic copies of brief posted to website  
2005-02-16 Amicus Curiae Brief received  
2005-02-11 Petition for Review granted
2005-02-11 Petition for Review disposed Filing granted
2005-02-11 Case set for oral argument Case set for oral argument
2005-01-26 Reply Brief (Petitioner)  
2005-01-11 Brief on the Merits (Respondent)  
2004-12-22 Motion for Extension of Time disposed.   Filing granted
2004-12-20 Notice requesting filing fee  
2004-12-20 Motion for Extension of Time to File Brief filed  
2004-12-03 Brief on the Merits (Petitioner)  
2004-11-18 Record Received (See Remarks)  
2004-11-03 Brief on the Merits Requested  
2004-11-03 Record Requested in Petition for Review  
2004-10-19 Reply to Response (Petitioner)  
2004-10-04 Response to Petition (Respondent)  
2004-09-03 Supreme Court of Texas Requested Response  
2004-08-03 Case forwarded to Court
2004-07-01 Appendix Filed (Petitioner)  
2004-07-01 Petition for Review (Petitioner)  
2004-05-14 Motion for Extension of Time to File Petition for Review filed  
2004-05-14 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
Shumake, Ricky
Mr. Les Mendelsohn
Mr. Ricky J. Poole
Respondent
Shumake, Sandra
Mr. Les Mendelsohn
Respondent
The State of Texas
Ms. Danica Lynn Milios
Attorney General Greg W. Abbott
Mr. Barry Ross McBee
Mr. Edward D. Burbach
Mr. Rafael Edward Cruz
Mr. S. Ronald Keister
Honorable Kent C. Sullivan
Petitioner
The Texas Parks and Wildlife Department
Ms. Danica Lynn Milios
Petitioner
Estate of Kayla Shumake, Deceased
Mr. Les Mendelsohn
Respondent

Amici Curiae

Amicus Curiae Counsel
City of Fort Worth
Mr. Luis E. Fierros
Texas Municipal League and Texas CIty Attorneys' Association
Mr. Ramon G. Viada III
The Texas Municipal League
Mr. Scott N. Houston
Texas Wildlife Associaton (TWA)
Mr. Glen D. Webb
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