Supreme Court of Texas Blog

No. 20-0977
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Oral argument was held on January 13, 2022. The Court issued an opinion resolving the case on May 13, 2022. File Closed


May 13, 2022


Justice Young delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Devine, Justice Blacklock, Justice Busby, Justice Bland, and Justice Huddle joined. PDF


Justice Boyd delivered a dissenting opinion. View Electronic Briefs | Oral Argument PDF


Court of Appeals

Appellate District:2nd Court of Appeals
Outcome Below:Affirmed
COA Docket No.:02-19-00376-CV
Opinion Author:Honorable E. Lee Gabriel

Trial Court

Trial Court:431st District Court
Trial Judge:Honorable Jonathan M. Bailey
Trial Docket:19-5358-431

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2022-06-20 Mandate issued  
2022-05-16 Call received  
2022-05-16 Letter sent to parties from Supreme Court - See Remarks  
2022-05-13 Opinion issued   Court of appeals' judgment affirmed
2022-05-13 Dissenting opinion issued.   Issued
2022-05-13 Court approved judgment sent to attorneys of record Issued
2022-03-30 Letter Filed  
2022-03-08 Letter Filed  
2022-02-25 Letter Filed  
2022-01-13 Oral argument  
2022-01-11 Electronic communication sent to Party  
2022-01-07 Submission Schedule
2022-01-03 Letter sent to parties from Supreme Court - See Remarks  
2021-11-30 Oral Argument Submission Form from Attorney received  
2021-11-24 Oral Argument Submission Form from Attorney received  
2021-11-19 Petition for Review disposed Filing granted
2021-11-19 Petition for Review granted
2021-11-19 Case set for oral argument   Case set for oral argument
2021-11-16 Amicus Curiae Brief received  
2021-10-04 Response to Amicus Curiae Brief filed (Petitioner)  
2021-09-23 Amicus Curiae Brief received  
2021-09-21 Reply Brief (Petitioner)  
2021-09-07 Brief on the Merits (Respondent)  
2021-09-07 Call received  
2021-08-17 Brief on the Merits (Petitioner)  
2021-07-14 Call received  
2021-07-12 Motion for Extension of Time disposed.   Filing granted
2021-07-12 Motion for Extension of Time to File Brief filed  
2021-06-22 Motion to Consolidate disposed   Filing granted
2021-06-18 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between March 9, 2021 and June 18, 2021.  
2021-03-09 Reply to Response (Petitioner)  
2021-02-22 Response to Petition (Respondent)  
2021-02-18 Call received  
2021-01-28 Motion to Consolidate filed  
2021-01-27 Phone call from Clerk's Office  
2021-01-22 Supreme Court of Texas Requested Response  
2020-12-22 Case forwarded to Court
2020-12-17 Response Waiver filed  
2020-12-16 Clerk's Record
2020-12-16 Court reporter/recorder's record
2020-12-16 Petition for Review (Petitioner)  


Party Counsel Role
Texas Department of Public Safety
Mr. Kyle Hawkins
Mr. Judd E. Stone II
Ms. Amanda B. Morrison
Mr. Kyle Highful
Mr. Brent Webster
Ms. Jeanine C. Hudson
Atty. Gen. W. Kenneth Paxton Jr.
T., K.
Mr. Jason Niehaus
Nathaniel Miller

Amici Curiae

Amicus Curiae Counsel
Texas Criminal Defense Lawyers Association
Mr. Niles Stefan Illich
Mr. Michael Gross
Jane Kadirhan
Haygood, Lane A.
Mr. Mark W. Bennett
Bennett, Mark W.
Mr. Mark W. Bennett