Decided

No. 24-557

David Asa Villarreal v. Texas

from the Court of Criminal Appeals of Texas

See other cases from Texas.

Docket Entries

Judgment and Mandate Issued.

Adjudged to be AFFIRMED. Jackson, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/25pdf/24-557_l5gm.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Alito, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in the judgment, in which Gorsuch, J., joined.

Argued. For petitioner: Stuart Banner, Los Angeles, Cal. For respondent: Andrew N. Warthen, Assistant Criminal District Attorney, San Antonio, Tex.; and Kevin J. Barber, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

CIRCULATED

Record received electronically from the Court of Criminal Appeals of Texas and available with the Clerk.

Reply of petitioner David Asa Villarreal filed.

Record requested from the Court of Criminal Appeals of Texas.

SET FOR ARGUMENT on Monday, October 6, 2025.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amici curiae of Ohio, et al. filed.

Brief amicus curiae of United States in support of respondent filed.

Brief of respondent Texas filed.

Brief amici curiae of Legal Ethics Scholars filed.

Brief amicus curiae of National Association of Criminal Defense Lawyers filed.

Brief amicus curiae of Constitutional Accountability Center filed.

Brief amici curiae of Retired Judges filed.

Brief of petitioner David Asa Villarreal filed.

Brief amicus curiae of National College for DUI Defense filed.

Motion to dispense with printing the joint appendix filed by petitioner GRANTED.

Motion to extend the time to file briefs on the merits granted. The time to file petitioner's brief on the merits is extended to and including June 3, 2025. The time to file respondent's brief on the merits is extended to and including July 15, 2025.

Motion for an extension of time to file the briefs on the merits filed.

Motion to dispense with printing the joint appendix filed by petitioner David Asa Villarreal.

Petition GRANTED.

DISTRIBUTED for Conference of 4/4/2025.

DISTRIBUTED for Conference of 3/28/2025.

Letter of respondent Texas filed.

Reply of petitioner David Asa Villarreal filed.

Brief of respondent Texas in opposition filed.

Motion to extend the time to file a response is granted and the time is extended to and including February 26, 2025.

Motion to extend the time to file a response from January 27, 2025 to February 26, 2025, submitted to The Clerk.

Response Requested. (Due January 27, 2025)

DISTRIBUTED for Conference of 1/10/2025.

Waiver of right of respondent Texas to respond filed.

Petition for a writ of certiorari filed. (Response due December 18, 2024)

Parties

David Asa Villarreal, Petitioner, represented by Stuart Banner

Texas, Respondent, represented by Andrew Nelson Warthen

Amici Curiae

Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod

Legal Ethics Scholars, Amicus Curiae, represented by Sarah Marie Konsky

National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Andrea L. Roth

Retired Judges, Amicus Curiae, represented by Gregg Jeffrey Costa

State of Ohio and 14 Other States, Amicus Curiae, represented by Mathura Jaya Sridharan

The National College for DUI Defense, Amicus Curiae, represented by Steven W. Hernandez

United States, Amicus Curiae, represented by D. John Sauer

 
Last updated: April 18, 2026