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Torrey Lynne Henderson, Amara Jana Ridge, and Justin Royce Thompson v. Texas

Paid petition · Court of Appeals of Texas, Seventh District, No. 07-22-00303-CR, 07-22-00304-CR, 07-22-00305-CR · judgment November 15, 2023


Certiorari denied · October 7, 2024
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Petitioners assembled with others in a brief, peaceful march along a historic Texas street. The march took place primarily on the sidewalk, but when necessary to change direction or in response to water narrowing their path, the marchers at times stepped onto the street. During the brief march, an unidentified cyclist, who was not shown to have any connection to Petitioners, slowed traffic for 20-90 seconds. There is no evidence that Petitioners themselves obstructed traffic or directed or intended that anyone else do so. Petitioners were nonetheless convicted under a state statute that bars obstructing a passageway, and the court below affirmed their convictions based on the actions of unnamed others and β€œthe crowd.” The question presented is: Do the First and Fourteenth Amendments prohibit the government from convicting individuals for obstructing a passageway based solely on their participation in a peaceful march on public sidewalks and streets, without evidence that the defendants themselves knowingly or intentionally obstructed any passageway or directed, authorized, ratified, or intended that others do so?

Counsel of record

For petitioner
Savannah Kumar
ACLU of Texas

For respondent
Lanora Christine Pettit
Office of the Texas Attorney General

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Linked docket
23A1169

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Jul 29 2024
    Brief amici curiae of The Texas State Conference of the N.A.A.C.P. and Faith Commons filed. (Distributed)
  3. Jul 24 2024
    DISTRIBUTED for Conference of 9/30/2024.
  4. Jul 24 2024
    Brief amicus curiae of The Foundation for Individual Rights and Expression filed. (Distributed)
  5. Jul 16 2024
    Application (23A1169) referred to the Court.
  6. Jul 16 2024
    Waiver of right of respondent Texas to respond filed.
  7. Jul 16 2024
    Application (23A1169) for stay presented to Justice Alito and by him referred to the Court is denied.
  8. Jul 12 2024
    Reply of applicant Torrey Lynne Henderson, et al. filed.
  9. Jul 09 2024
    Response to application from respondent Texas filed.
  10. Jul 02 2024
    Response to application (23A1169) requested by Justice Alito, due by 4 p.m. (EDT), on Tuesday, July 9, 2024.
  11. Jun 25 2024
    Petition for a writ of certiorari filed. (Response due July 29, 2024)
  12. Jun 25 2024
    Application (23A1169) for a stay, submitted to Justice Alito.