Ruben Gutierrez v. Luis Saenz, et al
| BRYAN COLLIER, EXECUTIVE DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, LUIS V. SAENZ, BILLY LEWIS, Warden, Texas Department of Criminal Justice, Huntsville Unit, LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION and FELIX SAUCEDA, Chief, Brownsville Police Department |
| RUBEN GUTIERREZ |
| Texas Catholic Conference of Bishops |
| 20-70009 |
| June 9, 2020 |
| U.S. Court of Appeals, Fifth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| Ruben Gutierrez v. Luis Saenz, et al |
Docket Report
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This docket was last retrieved on June 17, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| SUPREME COURT NOTICE that petition for writ of certiorari [9335963-2] was filed by Appellee Mr. Ruben Gutierrez on 06/15/2020. Supreme Court Number: 19-8695. [20-70009] (SMC) [Entered: 06/17/2020 02:29 PM] |
| UNOPPOSED MOTION filed by Appellee Mr. Ruben Gutierrez to file response in excess of the word count limitation but not to exceed 10,357 words [9333189-2]. Date of service: 06/12/2020 via email - Attorney for Appellants: Clendenin, Navarro, Sandoval; Attorney for Amicus Curiae: Gruber; Attorney for Appellees: Rogers, Walker [20-70009] (Peter James Walker ) [Entered: 06/12/2020 12:44 PM] |
| COURT ORDER granting Motion to file amicus brief filed by Texas Catholic Conference of Bishops [ # 9333118-2 ] filed by Texas Catholic Conference of Bishops in 20-70009 [20-70009] (MRW) [Entered: 06/12/2020 12:23 PM] |
| UNOPPOSED MOTION by Texas Catholic Conference of Bishops to file amicus brief [9333118-2] [20-70009] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by Texas Catholic Conference of Bishops to file amicus brief [9333118-2] Date of service: 06/12/2020 via email - Attorney for Appellants: Clendenin, Navarro, Sandoval; Attorney for Appellees: Rogers, Walker [20-70009] (Grady Michael Gruber ) [Entered: 06/12/2020 11:31 AM] |
| EXHIBITS IN SUPPORT of Response/Opposition [ # 9333157-2 ] filed by Appellee Mr. Ruben Gutierrez [20-70009] (MRW) [Entered: 06/12/2020 12:45 PM] |
| RESPONSE/OPPOSITION [9333157-1] to the Motion to vacate the stay of execution filed by Appellants Mr. Felix Sauceda, Mr. Luis V. Saenz, Mr. Billy Lewis, Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division and Mr. Bryan Collier, Executive Director, Texas Department of Criminal Justice in 20-70009 [ # 9332289-2 ] Document is insufficient for the following reasons: over word limitation [20-70009] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REPLY filed by Appellee Mr. Ruben Gutierrez [9333157-1] to the Motion to vacate the stay of execution filed by Appellants Mr. Bryan Collier, Executive Director, Texas Department of Criminal Justice, Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Mr. Billy Lewis, Mr. Bryan Collier, Executive Director, Texas Department of Criminal Justice, Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Mr. Billy Lewis, Mr. Luis V. Saenz and Mr. Felix Sauceda [ # 9332289-2 ]. Date of Service: 06/12/2020 via email - Attorney for Appellants: Clendenin, Navarro, Sandoval; Attorney for Not Party: Gruber; Attorney for Appellees: Rogers, Walker. [20-70009] (Peter James Walker ) [Entered: 06/12/2020 12:06 PM] |
| AMICUS CURIAE BRIEF FILED by Texas Catholic Conference of Bishops. The Consent is Included in the Brief. AMICUS CURIAE BRIEF FILED by Texas Catholic Conference of Bishops. The Consent is Included in the Brief. Additionally the Brief requires form for appearance of counsel for attorney signing the brief and caption does not match. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Brief due on 06/26/2020 for Amicus Curiae Texas Catholic Conference of Bishops. [20-70009] (MRW) [Entered: 06/12/2020 01:47 PM] |
| MANDATE ISSUED. [20-70009] (NFD) [Entered: 06/12/2020 07:31 PM] |
| UNPUBLISHED OPINION FILED. [20-70009 Reversed ] Judge: LHS , Judge: CH , Judge: SAH; granting Motion to vacate the stay of execution filed by Appellants Mr. Felix Sauceda, Mr. Luis V. Saenz, Mr. Billy Lewis, Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division and Mr. Bryan Collier, Executive Director, Texas Department of Criminal Justice [ # 9332289-2 ] [20-70009] (NFD) [Entered: 06/12/2020 07:29 PM] |
| REPLY filed by Appellants Mr. Bryan Collier, Executive Director, Texas Department of Criminal Justice, Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division and Mr. Billy Lewis [9333544-1] to the Response/Opposition filed by Appellee Mr. Ruben Gutierrez [ # 9333157-2 ]. Date of Service: 06/12/2020 via email - Attorney for Appellants: Clendenin, Navarro, Sandoval; Attorney for Amicus Curiae: Gruber; Attorney for Appellees: Rogers, Walker. [20-70009] (Jefferson David Clendenin ) [Entered: 06/12/2020 04:36 PM] |
| The Response/Opposition filed by Appellee Mr. Ruben Gutierrez in 20-70009 [ # 9333157-2 ] has been made sufficient. [20-70009] (MRW) [Entered: 06/12/2020 02:32 PM] |
| COURT ORDER granting Motion for unopposed motion for leave to file the response/opposition in excess of word limitation, but not to exceed 10.357 words filed by Appellee Mr. Ruben Gutierrez [ # 9333189-2 ] [20-70009] (MRW) [Entered: 06/12/2020 02:30 PM] |
| COURT ORDER referring to District Court the Motion to file motion in excess of the word count limitations filed by Appellants Mr. Felix Sauceda, Mr. Luis V. Saenz, Mr. Billy Lewis, Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division and Mr. Bryan Collier, Executive Director, Texas Department of Criminal Justice [ # 9332305-2 ] [20-70009] (MRW) [Entered: 06/11/2020 01:03 PM] |
| The Motion to file motion in excess of the word count limitations filed by Appellants Mr. Felix Sauceda, Mr. Luis V. Saenz, Mr. Billy Lewis, Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division and Mr. Bryan Collier, Executive Director, Texas Department of Criminal Justice in 20-70009 [ # 9332305-2 ] has been made sufficient. [20-70009] (MRW) [Entered: 06/11/2020 01:05 PM] |
| APPEARANCE FORM FILED by Attorney(s) Ricardo Jimenez Navarro for party(s) Appellant Felix Sauceda, in case 20-70009 [20-70009] (MRW) [Entered: 06/11/2020 11:11 AM] |
| UNOPPOSED MOTION filed by Appellants Mr. Bryan Collier, Executive Director, Texas Department of Criminal Justice, Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Mr. Billy Lewis, Mr. Luis V. Saenz and Mr. Felix Sauceda to file in excess of the word count limitations the Motion to vacate the stay of execution but not to exceed 8,921 words [ # 9332289-2 ]. [20-70009] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellants Mr. Bryan Collier, Executive Director, Texas Department of Criminal Justice, Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division and Mr. Billy Lewis to file in excess of the word count limitations the Motion to vacate the stay of execution [ # 9332289-2 ]. Date of service: 06/11/2020 via email - Attorney for Appellants: Clendenin, Sandoval; Attorney for Appellees: Rogers, Walker [20-70009] (Jefferson David Clendenin ) [Entered: 06/11/2020 10:54 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-70009] (Ricardo Jimenez Navarro ) [Entered: 06/11/2020 09:15 AM] |
| OPPOSED MOTION filed by Appellants Mr. Bryan Collier, Executive Director, Texas Department of Criminal Justice, Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Mr. Billy Lewis, Mr. Luis V. Saenz and Mr. Felix Sauceda to vacate the stay of execution [9332289-2]. Document is insufficient for the following reasons: over word limitation [20-70009] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellants Mr. Bryan Collier, Executive Director, Texas Department of Criminal Justice, Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division and Mr. Billy Lewis to vacate the stay of execution [9332289-2]. Date of service: 06/11/2020 via email - Attorney for Appellants: Clendenin, Sandoval; Attorney for Appellees: Rogers, Walker [20-70009] (Jefferson David Clendenin ) [Entered: 06/11/2020 10:44 AM] |
| APPENDIX FILED by Appellants Mr. Bryan Collier, Executive Director, Texas Department of Criminal Justice, Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Mr. Billy Lewis, Mr. Luis V. Saenz and Mr. Felix Sauceda [20-70009] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPENDIX FILED by Appellants Mr. Bryan Collier, Executive Director, Texas Department of Criminal Justice, Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division and Mr. Billy Lewis Date of Service: 06/11/2020 via email - Attorney for Appellants: Clendenin, Sandoval; Attorney for Appellees: Rogers, Walker [20-70009] (Jefferson David Clendenin ) [Entered: 06/11/2020 10:45 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-70009] (Edward A. Sandoval ) [Entered: 06/10/2020 10:24 AM] |
| ELECTRONIC RECORD ON APPEAL FILED. Exhibits on File in District Court? No. State Court Papers included? No. Electronic ROA deadline satisfied. [20-70009] (MRW) [Entered: 06/10/2020 10:54 AM] |
| APPEARANCE FORM received from Mr. Peter James Walker for Mr. Ruben Gutierrez for the court's review. Lead Counsel? Yes. [20-70009] (Peter James Walker ) [Entered: 06/10/2020 12:12 PM] |
| APPEARANCE FORM FILED by Attorney Peter James Walker for Appellee Ruben Gutierrez in 20-70009 [20-70009] (MRW) [Entered: 06/10/2020 02:10 PM] |
| APPEARANCE FORM FILED by Attorney(s) Edward A. Sandoval for party(s) Appellant Luis V. Saenz, in case 20-70009 [20-70009] (MRW) [Entered: 06/10/2020 02:13 PM] |
| ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 1:19-CV-185. Electronic ROA due on 06/24/2020. [20-70009] (MRW) [Entered: 06/09/2020 02:10 PM] |
| INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9330769-2] Initial AA Check Due satisfied. [20-70009] (MRW) [Entered: 06/09/2020 02:08 PM] |
| APPEARANCE FORM received from Mr. Jefferson David Clendenin for Mr. Bryan Collier, Executive Director, Texas Department of Criminal Justice, Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Mr. Billy Lewis, Mr. Luis V. Saenz and Mr. Felix Sauceda for the court's review. Lead Counsel? Yes. [20-70009] (Jefferson David Clendenin ) [Entered: 06/09/2020 02:29 PM] |
| APPEARANCE FORM FILED by Attorney Jefferson David Clendenin for Appellant Billy Lewis in 20-70009, Attorney Jefferson David Clendenin for Appellant Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in 20-70009, Attorney Jefferson David Clendenin for Appellant Bryan Collier, Executive Director, Texas Department of Criminal Justice in 20-70009 [20-70009] (MRW) [Entered: 06/09/2020 04:00 PM] |
| DEATH PENALTY CASE docketed. NOA filed by Appellants Mr. Bryan Collier, Executive Director, Texas Department of Criminal Justice, Ms. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Mr. Billy Lewis, Mr. Luis V. Saenz and Mr. Felix Sauceda [20-70009] (MRW) [Entered: 06/09/2020 01:30 PM] |
| ATTORNEY NOT PARTICIPATING. Jefferson McClendendin is designated as inactive in this case. [20-70009] (MRW) [Entered: 06/09/2020 02:30 PM] |
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