Case: 15-0320    
15-0320
04/27/2015
Petition for Review/Cause under Rule 53.1
KING STREET PATRIOTS, CATHERINE ENGELBRECHT, BRYAN ENGELBRECHT, AND DIANE JOSEPHS 
TEXAS DEMOCRATIC PARTY; GILBERTO HINOJOSA, SUCCESSOR TO BOYD RICHIE, IN HIS CAPACITY AS CHAIRMAN OF THE TEXAS DEMOCRATIC PARTY; JOHN WARREN, IN HIS CAPACITY AS DEMOCRATIC NOMINEE FOR DALLAS COUNTY CLERK; AND ANN BENNETT, IN HER CAPACITY AS THE DEMOCRATIC 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
02/01/2017Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief of Empower Texans, Texas Right to Life Committee, and Texas Homeschool Coalition.
12/14/2016Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of the State of Texas. Submitted by Scott Keller of the Office of the Attorney General.
11/17/2015Reply BriefPetitionerPetitioners' Reply Brief on the Merits filed on behalf of King Street Patriots, et al.
11/10/2015Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief of Campaign Legal Center.
11/02/2015Brief on the MeritsRespondentRespondent's Brief on the Merits filed on behalf of Texas Democratic Party, et al.
10/09/2015Brief on the MeritsPetitionerPetitioner's Brief on the Merits, filed on behalf of King Street Patriots.
07/30/2015Reply to ResponsePetitionerReply to Response to Petition for Review filed on behalf of King Street Patriots, et al.
07/20/2015Response to PetitionRespondentResponse to Petition for Review filed on behalf of Texas  Democratic Party, et al.
04/27/2015Petition for ReviewPetitionerPetition for Review filed on behalf of King Street Patriots.
Case Events
DateEvent TypeDispositionRemarksDocument
08/10/2017Mandate issued Mandate & Cost Bill Issued
06/30/2017Court approved judgment sent to attorneys of recordIssued 
06/30/2017Concurring Opinion issued.IssuedJustice Devine delivered a concurring opinion.
06/30/2017Opinion issuedCourt of appeals' judgment affirmed in pt; vacated in part; remanded to TCThe Court affirms the court of appeals' judgment in part, vacates in part the lower courts' judgments, and remands the case to the trial court. Justice Guzman delivered the opinion of the Court.
(6/30/2017 9:45:32 AM) 150320c.pdf, 150320.pdf, 15-0320.jmt.pdf
02/07/2017Submission Schedule Submission Schedule for February 7, 2017
02/07/2017Oral argument  Argued on behalf of petitioners by James Bopp, Jr.; Argued on behalf of respondents by Chad W. Dunn; Argued on behalf of Amicus Curiae, State of Texas, by Scott A. Keller
02/02/2017Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted on behalf of Amicus State of Texas. It will be presented by Scott A. Keller of the Office of the Attorney General - Solicitor General Division of Austin, Texas.
02/01/2017Amicus Curiae Brief received Amicus Brief of Empower Texans, Texas Right to Life Committee, and Texas Homeschool Coalition.
01/13/2017Motion to Argue disposedFiling grantedUnopposed Motion Seeking Argument Time granted.  Time allotted to argue: 20/20/5 minutes
01/10/2017Motion to Argue filed Unopposed Motion Seeking Argument Time filed on behalf of The State of Texas.
12/14/2016Amicus Curiae Brief received Amicus Curiae Brief of the State of Texas. Submitted by Scott Keller of the Office of the Attorney General.
11/22/2016Submission resetCase set for oral argumentThis cause has been reset for oral argument at 9:00 a.m., February 7, 2017.  Time allotted to argue:  20/20 minutes
11/22/2016Motion to re-set submission date disposedFiling grantedRespondents' Motion to Vacate and Reset Hearing granted
11/21/2016Motion to re-set submission date filed. Respondents' Motion to Vacate and Reset Hearing filed on behalf of Texas Democratic Party, et al.
11/17/2016Oral Argument Submission Form from Attorney received Oral Argument Submission Form of petitioners, King Street Patriots, et al. Oral Argument will be presented by James Bopp, Jr. of The Bopp Law Firm, P.C. of Terri Haute, Indiana.
11/17/2016Oral Argument Submission Form from Attorney received Oral Argument Submssion Form of respondent, Texas Democratic Party et al. Oral Argument will be presented by Chad W. Dunn of Brazil & Dunn of Houston, Texas.
11/17/2016Electronic communication sent to Party Notice sent to the Attorney General of a constitutional challenge to a statute.
11/15/2016Letter Filed Letter from the Office of the Solicitor General to inform the Court that they do intend to file a brief expressing the views of the State, in response to the Court’s invitation.
11/14/2016Solicitor general invited to file brief The Solicitor General is invited to file a brief in the above-referenced case expressing the views of the State.  The brief should comply with Tex. R. App. P. 55.3 and be filed on or before December 14, 2016.  The Solicitor General should notify the Court on or before November 21, 2016 if a brief will not be filed or if additional time to respond will be necessary.
11/04/2016Letter Filed Letter regarding notice to Attorney General filed on behalf of the King Street Patriots, et al.
11/01/2016Letter sent to parties - TX GOVT CODE § 402.010(a)  Letter sent to petitioner stating: "Texas Government Code § 402.010(a) requires the Attorney General to be notified when a party to litigation “files a petition, motion, or other pleading challenging the constitutionality of a statute of this state.”  If notice was provided to the Attorney General, please electronically file a copy of the notice with the Supreme Court of Texas no later than noon on November 7, 2016."
10/04/2016Electronic communication received from Party Per attached e-mail communication, parties agree to the stylefor respondents: Texas Democratic Party; Gilberto Hinojosa, Successor to Boyd Richie, in His Capacity as Chairman of the Texas Democratic Party; John Warren, in His Capacity as Democratic Nominee for Dallas County Clerk; and Ann Bennett, in her Capacity as the Democratic Nominee for Harris County Clerk.
10/04/2016Letter Filed Letter filed on behalf of Texas Democratic Party, et al.
09/23/2016Case set for oral argumentCase set for oral argumentThis case has been set for oral argument at 9:00 a.m., December 8, 2016. (Time allotted to argue:  20/20 minutes)  
09/23/2016Petition for Review disposedFiling granted 
09/23/2016Petition for Review granted  
05/11/2016Notice from attorney regarding vacation dates Respondent's counsel, Chad Dunn, Vacation Notice.
05/02/2016Notice from attorney regarding vacation dates Petitioner's counsel, Brock C. Akers, Vacation Schedule.
04/15/2016Motion to withdraw disposed ofFiling grantedMotion to Withdraw Attorneys Jeffrey C. Mateer and Hiram S. Sasser as Counsel for Petitioners granted.
04/08/2016Motion to Withdraw Filed Unopposed Motion to Withdraw Attorneys Jeffrey C. Matter and Hiram S. Sasser as Counsel for Petitioners.
01/12/2016Pro hac vice motion disposedFiling grantedMotion in Support of James Bopp's Motion for Pro Hac Vice Admission is granted.
01/12/2016Pro hac vice motion disposedFiling grantedUnopposed Motion to Admit Counsel Pro Hac Vice of James Bopp, Jr. is granted.
01/12/2016Pro hac vice motion filed Resident Attorney, Brock C. Akers, Motion in Support of James Bopp's Motion for Pro Hac Vice Admission. On behalf of King Street Patriots, et al.
01/12/2016Pro hac vice motion filed Nonresident, James Bopp, Jr.'s Unopposed Motion to Admit Counsel Pro Hac Vice. On behalf of King Street Patriots, et al.
01/06/2016Motion to withdraw disposed ofFiling grantedMotion to Withdraw Randy Elf as Counsel granted
01/06/2016Electronic communication received from Party received email from Mr. Akers and he indicated that will take care of the motions of pro hac soon. Also, his legal assistant called to inquire about the motions and said that they are working on it to comply.
12/29/2015Electronic communication sent to Party sent email to petitioner's counsel, Brock Akers, to request the motion pro hac vice for out of the state attorney James Bopp.
12/21/2015Motion to Withdraw Filed Motion to Withdraw Randy Elf as Counsel for Petitioners. On behalf of King Street Patriots, et al.
11/20/2015Pro hac vice motion disposedFiling grantedUnopposed Motion of Kelly G. Prather supporting Motion for Pro Hac Vice Admission of Nonresident Attorney Gerald Herbert filed on behalf of Campaign Legal Center has been granted.
11/20/2015Pro hac vice motion disposedFiling grantedUnopposed Motion of Kelly G. Prather supporting Motion for Pro Hac Vice Admission of Nonresident Attorney Tara Malloy filed on behalf of Campaign Legal Center has been granted.
11/20/2015Pro hac vice motion disposedFiling grantedUnopposed Motion of Kelly G. Prather supporting Motion for Pro Hac Vice Admission of Nonresident Attorney Megan P. McAllen filed on behalf of Campaign Legal Center has been granted.
11/20/2015Pro hac vice motion disposedFiling grantedUnopposed Motion for Pro Hac Vice Admission of Nonresident Attorney Tara Malloy filed on behalf of Campaign Legal Center has been granted.
11/20/2015Pro hac vice motion disposedFiling grantedUnopposed Motion for Pro Hac Vice Admission of Nonresident Attorney Megan P. McAllen filed on behalf of Campaign Legal Center has been granted.
11/20/2015Pro hac vice motion disposedFiling grantedUnopposed Motion for Pro Hac Vice Admission of Nonresident Attorney Gerald Herbert filed on behalf of Campaign Legal Center has been granted.
11/20/2015Pro hac vice motion filed Unopposed Motion of Kelly G. Prather supporting Motion for Pro Hac Vice Admission of Nonresident Attorney Gerald Herbert filed on behalf of Campaign Legal Center.
11/20/2015Pro hac vice motion filed Unopposed Motion of Kelly G. Prather supporting Motion for Pro Hac Vice Admission of Nonresident Attorney Tara Malloy filed on behalf of Campaign Legal Center.
11/20/2015Pro hac vice motion filed Unopposed Motion of Kelly G. Prather supporting Motion for Pro Hac Vice Admission of Nonresident Attorney Megan P. McAllen filed on behalf of Campaign Legal Center.
11/20/2015Pro hac vice motion filed Unopposed Motion for Pro Hac Vice Admission of Nonresident Attorney Tara Malloy filed on behalf of Campaign Legal Center.
11/20/2015Pro hac vice motion filed Unopposed Motion for Pro Hac Vice Admission of Nonresident Attorney Megan P. McAllen filed on behalf of Campaign Legal Center.
11/20/2015Pro hac vice motion filed Unopposed Motion for Pro Hac Vice Admission of Nonresident Attorney Gerald Herbert filed on behalf of Campaign Legal Center.
11/17/2015Reply Brief Petitioners' Reply Brief on the Merits filed on behalf of King Street Patriots, et al.
11/10/2015Electronic communication sent to Party Messaged Ms. Prather.  Informed her that out-of-state attorneys must be admitted pro hac vice.
11/10/2015Amicus Curiae Brief received Amicus Brief of Campaign Legal Center.
11/02/2015Brief on the Merits Respondent's Brief on the Merits filed on behalf of Texas Democratic Party, et al.
10/09/2015Brief on the Merits Petitioner's Brief on the Merits, filed on behalf of King Street Patriots.
09/15/2015Case Record Filed  Electronic Appellate Record received.
09/14/2015Record Requested in Petition for Review Record requested from the 3rd COA
09/11/2015Brief on the Merits Requested Brief on the Merits Requested: Petitioner’s brief due no later than October 12, 2015, Response brief due November 2, 2015, Reply brief due November 17, 2015.
07/30/2015Reply to Response Reply to Response to Petition for Review filed on behalf of King Street Patriots, et al.
07/20/2015Response to Petition Response to Petition for Review filed on behalf of Texas  Democratic Party, et al.
07/01/2015Motion for Extension of Time to File Response disposedFiling grantedUnopposed Motion for Extension of Time to file Response to Petition for Review is Granted. Further requests for extensions of time will be disfavored. Response is due July 20, 2015.
07/01/2015Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Texas Democratic Party, et al.
06/05/2015Supreme Court of Texas Requested Response Requested response to petition for review due no later than July 6, 2015.
05/06/2015Notice from attorney regarding vacation dates Vacation Notice filed on behalf of Brock C. Akers. Dates include June 29-July 2; July 6-10; August 3-7; and August 10-14.
05/05/2015Case forwarded to Court  
05/01/2015Response Waiver filed Response Waiver filed on behalf of Texas Democratic Party, et al.
04/27/2015Petition for Review Petition for Review filed on behalf of King Street Patriots.
Calendars
Set DateCalendar TypeReason SetRemarks
08/10/2017Case StoredCase stored.e-stored
Parties
PartyPartyTypeRepresentative
Empower Texans, Texas Right to Life Committee, and Texas Homeschool CoalitionAmicus CuriaeN. Terry Adams Jr.
Mr. Nicholas D. Stepp  
Mr. Joseph M. Nixon
State of TexasAmicus CuriaeMr. Kristofer S. Monson
Mr. Brantley D. Starr
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Scott Keller
Engelbrecht, BryanPetitionerMs. Margaret A. Wilson
Mr. James Bopp Jr.
Mr. Jonathan M. Saenz
Mr. Brock C. Akers
Mr. Michael S. Hull
Mr. Kelly J. Shackelford
Justin Butterfield
Engelbrecht, CatherinePetitionerMr. Brock C. Akers
Mr. Michael S. Hull
Mr. James Bopp Jr.
Ms. Margaret A. Wilson
Mr. Jonathan M. Saenz
Mr. Kelly J. Shackelford
Justin Butterfield
Texas Democratic PartyRespondentMr. Chad Wilson Dunn
Mr. Richard Alan 'Dicky' Grigg
Abbie Kamin
Mr. K. Scott Brazil
King Street PatriotsPetitionerJustin Butterfield
Mr. Michael S. Hull
Mr. Kelly J. Shackelford
Mr. Brock C. Akers
Mr. James Bopp Jr.
Mr. Jonathan M. Saenz
Ms. Margaret A. Wilson
Ann Bennett, in her capacity as Democratic nominee for Dallas County ClerkRespondentAbbie Kamin
Mr. K. Scott Brazil
Mr. Richard Alan 'Dicky' Grigg
Mr. Chad Wilson Dunn
Josephs, DianePetitionerMr. Kelly J. Shackelford
Justin Butterfield
Mr. Michael S. Hull
Mr. Brock C. Akers
Mr. James Bopp Jr.
Ms. Margaret A. Wilson
Mr. Jonathan M. Saenz
Gilberto Hinojosa, in his capacity as Texas Democratic Party ChairmanRespondentMr. Chad Wilson Dunn
Abbie Kamin
Mr. K. Scott Brazil
Mr. Richard Alan 'Dicky' Grigg
Campaign Legal CenterAmicus CuriaeMs. Kelly Greenwood Prather
Court of Appeals Information:
Affirmed  
459 SW3d 631, 12-08-15 
3rd Court of Appeals 
Honorable Melissa Young Goodwin 
Trial Court Information
261st District Court 
Travis 
Honorable John K. Dietz 
D-1-GN-11-002363  
 
 

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