Supreme Court of Texas Blog: Legal Issues Before the Texas Supreme Court

No. 04-1144
TAMES

SHIRLEY NEELEY, TEXAS COMMISSIONER OF EDUCATION, ET AL. v. WEST ORANGE-COVE CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, ET AL.

Oral argument was held on July 6, 2005. The Court issued an opinion resolving the case on November 22, 2005. It then denied rehearing on December 16, 2005 File Closed

Opinions

November 22, 2005

Hecht
Jefferson
Oneill
Wainwright
Medina
Green
Johnson

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

Brister

Justice Brister delivered a dissenting opinion PDF

 

Court of Appeals

None

Trial Court

Trial Court:250th District Court
County:Travis
Trial Judge:Honorable John K. Dietz
Trial Docket:GV-100528

Docket Entries

Date Event Outcome  
2006-01-12 Case Stored  
2005-12-22 Address Change (Intervenor)  
2005-12-21 Mandate issued  
2005-12-16 Motion for Rehearing - Disposed   Denied with Justice not sitting.
2005-12-16 Motion for Rehearing - Disposed   Denied with Justice not sitting.
2005-12-15 Joint motion disposed of.   Filing granted
2005-12-07 Motion for Rehearing - Filed  
2005-12-07 Case forwarded to Court
2005-12-07 Electronic copies of brief posted to website (Appellee in case)  
2005-12-07 Motion for Rehearing for pet #2 - Filed  
2005-12-07 Case forwarded to Court
2005-11-22 Opinion issued TRIAL COURT IS AFF/PT AND REV/PT
2005-11-22 Court approved judgment sent to attorneys of record Issued
2005-11-22 Dissenting opinion issued. Issued
  This case was awaiting the Court's decision after oral argument between August 31, 2005 and November 22, 2005.  
2005-08-31 Amicus Curiae Brief received  
2005-08-05 Amicus Curiae Brief received  
2005-07-29 Post submission brief filed (Appellant in case)  
2005-07-11 Post submission brief filed (Appellee in case)  
2005-07-06 Amicus Curiae Brief received  
2005-07-06 Notice requesting filing fee (Intervenor)  
2005-07-06 Document received (See Remarks)  
2005-07-06 Oral argument  
2005-07-06 Exhibits in case/cause filed (Appellee in case)  
2005-07-01 Electronic copies of brief posted to website (Amicus Curiae)  
2005-07-01 Amicus Curiae Brief received  
2005-07-01 Amicus Curiae Brief received  
2005-06-30 Amicus Curiae Brief received  
2005-06-30 Electronic copies of brief posted to website (Amicus Curiae)  
2005-06-30 Electronic copies of brief posted to website (Amicus Curiae)  
2005-06-29 Motion to Amend disposed   Denied
2005-06-29 Amicus Curiae Brief received  
2005-06-29 Phone call from Clerk's Office  
2005-06-28 Motion to Amend Filed (Appellee in case)  
2005-06-24 Case set for oral argument   Case set for oral argument
2005-06-24 Miscellaneous motion disposed. See Remarks.   Filing granted
2005-06-24 Miscellaneous motion disposed. See Remarks.   Filing granted
2005-06-24 Miscellaneous motion disposed. See Remarks.   Filing granted
2005-06-22 Letter Filed (Intervenor)  
2005-06-22 Miscellaneous motion filed. (Appellee in case)  
2005-06-21 Miscellaneous motion filed. (Appellant in case)  
2005-06-21 Miscellaneous motion filed. (Joint motion filed)  
2005-06-20 Amicus Curiae Brief received  
2005-06-20 Letter brief (Intervenor)  
2005-06-20 Letter brief (Appellee in case)  
2005-06-17 Letter brief  
2005-06-09 Designation of Lead Counsel (Appellee in case)  
2005-06-06 Electronic copies of brief posted to website (Intervenor)  
2005-06-06 Reply filed (Intervenor)  
2005-06-06 Electronic copies of brief posted to website (Intervenor)  
2005-06-06 Reply brief filed (Intervenor)  
2005-06-02 Surreply Filed (Intervenor)  
2005-06-02 Motion for extension of length of brief disposed (Appellant in case)   Filing granted
2005-06-01 Electronic copies of brief posted to website (Appellant in case)  
2005-05-31 Motion for Extension of Length of Brief filed (Appellant in case)  
2005-05-31 Electronic copies of brief posted to website (Intervenor)  
2005-05-31 Reply to motion (Joint motion filed)  
2005-05-31 Response to Motion filed (Intervenor)  
2005-05-31 Reply brief filed (Appellant in case)  
2005-05-27 Joint motion for anything. (Joint motion filed)  
2005-05-27 Exhibits in case/cause filed (Joint motion filed)  
2005-05-27 Exhibits in case/cause filed (Joint motion filed)  
2005-05-24 Electronic copies of brief posted to website (Appellee in case)  
2005-05-20 Appellees' Brief filed (Appellee in case)  
2005-05-16 Electronic copies of brief posted to website (Intervenor)  
2005-05-12 Motion for Extension of Time disposed. (Intervenor)   Filing granted
2005-05-12 Motion for extension of length of brief disposed   Filing granted
2005-05-12 Appellees' Brief filed (Intervenor)  
2005-05-10 Motion for extension of length of brief disposed   Filing granted
2005-05-09 Motion for Extension of Length of Brief filed (Appellee in case)  
2005-05-09 Notice requesting filing fee (Intervenor)  
2005-05-09 Phone call from Clerk's Office (Intervenor)  
2005-05-09 Motion for Extension of Length of Brief filed (Intervenor)  
2005-05-09 Motion for extension of time to file brief. (Intervenor)  
2005-05-09 Electronic copies of brief posted to website (Intervenor)  
2005-05-09 Appellees' Brief filed (Intervenor)  
2005-05-09 Electronic copies of brief posted to website (Appellee in case)  
2005-05-09 Appendix Filed (Appellee in case)  
2005-05-09 Appellees' Brief filed (Appellee in case)  
2005-04-22 Case set for oral argument   Case set for oral argument
2005-04-22 Cases consolidated by Supreme Court  
2005-04-07 Letter sent to parties from Supreme Court - See Remarks  
2005-04-04 Electronic copies of brief posted to website (Appellant in case)  
2005-04-01 Motion for extension of length of brief disposed   Filing granted
2005-03-30 Appendix Filed (Appellant in case)  
2005-03-30 Motion for Extension of Length of Brief filed (Appellant in case)  
2005-03-30 Appellant's Brief filed (Appellant in case)  
2005-03-28 Electronic copies of brief posted to website (Intervenor)  
2005-03-28 Document received (See Remarks) (Intervenor)  
2005-03-28 Electronic copies of brief posted to website (Appellee in case)  
2005-03-28 Electronic copies of brief posted to website (Appellant in case)  
2005-03-28 Document received (See Remarks) (Intervenor)  
2005-03-25 Letter Filed (Appellee in case)  
2005-03-24 Supplemental Letter Brief (Appellant in case)  
2005-03-22 Electronic copies of brief posted to website (Appellant in case)  
2005-03-21 Letter Filed (Appellant in case)  
2005-03-08 Notice received (Appellee in case)  
2005-03-03 Record Received (See Remarks)  
2005-02-23 Phone call from Clerk's Office  
2005-02-23 Call received  
2005-02-18 Petition Granted/Date and time for oral argument are yet to be determined.   Case set for oral argument
2005-02-18 Brief on the Merits Requested  
2005-02-18 Direct Appeal Grant  
2005-02-18 Direct Appeal disposed Jurisdiction noted in Direct Appeal.
2005-02-08 Electronic copies of brief posted to website (Appellee in case)  
2005-02-07 Reply filed (Appellee in case)  
2005-02-03 Reply filed (Appellant in case)  
2005-02-03 Electronic copies of brief posted to website (Appellant in case)  
2005-02-01 Electronic copies of brief posted to website (Appellee in case)  
2005-01-31 Response to Petition for Review filed (Intervenor)  
2005-01-21 Electronic copies of brief posted to website (Appellee in case)  
2005-01-21 Response to Petition for Review filed (Appellee in case)  
2005-01-21 Electronic copies of brief posted to website (Appellant in case)  
2005-01-20 Record Received (See Remarks)  
2005-01-19 Statement of Jurisidiction (Appellant in case)  
2005-01-04 Case forwarded to Court
2004-12-29 Docketing statement filed  
2004-12-28 Docketing statement filed (Appellant in case)  
2004-12-28 Direct Appeal filed (Appellant in case)  

Parties

Party Counsel Role
Alvarado Intervenors
Mr. Randall Buck Wood
Mr. Doug W. Ray
Intervenor
Edgewood Intervenors
Ms. Nina Perales
Mr. David G. Hinojosa
Mr. Roger L. Rice
Ms. Jane E. Lopez
Ms. Norma V. Cantu
Mr. Hector Villagra
Intervenor
The Texas Education Agency
Mr. Rafael Edward Cruz
Appellant
The Texas State Board of Education
Mr. Rafael Edward Cruz
Appellant
Strayhorn, Carol Keeton
Mr. Rafael Edward Cruz
Appellant
West Orange-Cove Consolidated Independent School District
Mr. John David Thompson III
Mr. Charles G. Orr
Mr. Warren W. Harris
Mr. Philip D. Fraissinet
Ms. Nina Cortell
Mr. Kirk Lane Worley
Mr. Mark Ryan Trachtenberg
Mr. George W. Bramblett Jr.
Appellee
Neeley, Shirley
Mr. Rafael Edward Cruz
Ms. Merle Hoffman Dover
Ms. Shelley Dahlberg
Mr. Joseph David 'Jody' Hughes
Ms. Amy Warr
Mr. Edward D. Burbach
Ms. Danica Lynn Milios
Mr. Jeffrey L. Rose
Mr. Barry Ross McBee
Attorney General Greg W. Abbott
Appellant

Amici Curiae

Amicus Curiae Counsel
Texas Association of School Boards Legal Assistance Fund
Ms. Deborah G. Hankinson
The Earl Carl Institute for Legal and Social Policy Inc.
Professor Carroll George Robinson
American Civil Liberties Union
Ms. Sylvia Ann Mayer
Americans for Prosperity - Texas
Mr. Marc A. Levin
Hispanic Council for Reform and Educational Options
Mr. Marc A. Levin
Texas Federation of Teachers
Ms. Martha P. Owen
Texas Business and Education Coalition
Ms. Leslie L. McCollom
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