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James Ryan Earl v. Texas

Paid petition · Court of Appeals of Texas, Third District, No. 03-23-00427-CR · judgment June 27, 2025


3%
estimated cert probability
(petition-stage, structural)
Rule 10: dissent below, circuit split argued

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

Question presented

Texas Penal Code § 42.07(a)(7) makes it a crime to “send[] repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another” when done with intent to produce any of those same effects. The Texas Court of Criminal Appeals has repeatedly held that the statute does not even “implicate” the First Amendment because it regulates “non-speech conduct.” Ex parte Barton, 662 S.W.3d 876, 884 (Tex. Crim. App. 2022); Ex parte Sanders, 663 S.W.3d 197, 215–16 (Tex. Crim. App. 2022). Yet last year, the same court held the same statute unconstitutional as applied because the messages prosecuted under it were “speech.” Owens v. State, 728 S.W.3d 155, 167 (Tex. Crim. App. 2025). These positions are inconsistent; either the means of committing the offense as described by the statute are “speech” (and thus implicate the First Amendment) or the only conduct which can be constitutionally forbidden under the statute is the non-content, non-speech part of the offense. The question presented is thus: Whether Texas Penal Code § 42.07(a)(7), which criminalizes repeated electronic communications sent with intent to and reasonably likely to annoy, alarm, embarrass, or offend another person, is overbroad under the First Amendment.

Counsel of record

For petitioner
Lane Andrew Haygood
Haygood Law Firm

For respondent

Case

Conference history

Linked docket
25A1137

Proceedings

  1. Apr 30 2026
    Petition for a writ of certiorari filed. (Response due September 9, 2026)
  2. Apr 16 2026
    Application (25A1137) granted by Justice Alito extending the time to file until April 30, 2026.
  3. Apr 12 2026
    Application (25A1137) to extend the time to file a petition for a writ of certiorari from April 15, 2026 to June 14, 2026, submitted to Justice Alito.