Q: Is it a hopeful sign that my civil case is under review by the Texas Supreme Court for over 30 days?
I am representing myself in a civil case involving a state university over the handling of cadavers and disputing their claim of immunity. A new piece of evidence was discovered after the appellate court's decision, and the case has now been forwarded to the Texas Supreme Court. I am seeking a reversal of the appellate decision based on a 2018 precedent regarding a special relationship between the entity handling the body of the deceased and the family. Is it a sign of hope that my case is being reviewed by the Texas Supreme Court and that it's been over 30 days since the review began?
A:
No.
Internally, a petition is held in the Clerk's office for a minimum of 30 days before being forwarded to the justices, primarily to see if the other party files a response (which rarely happens).
After being forwarded to the justices, a petition will not be dismissed until the 31st day following the Tuesday that the petition is forwarded to the justices. Typically, even if no justice thinks your petition has any merit, you will not receive a denial until more than 61 days after your petition was filed.
It would be a little hopeful if a response to your petition is requested by the court. But all that means is that one justice indicated that he/she wants a response. No news is usually bad news because that means that no justice thinks that a response is even necessary.
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