Court of Criminal Appeals of Texas, 2015

Ricky J. Shugart v. David Thompson, A.K.A. "Lead Agent," A.K.A. "Agents" and Unknown Deputies, A.K.A. "Agents" Each in Their Individual and Official Capacities, Sheriff's Department of Fannin County

Ricky J. Shugart v. David Thompson, A.K.A. "Lead Agent," A.K.A. "Agents" and Unknown Deputies, A.K.A. "Agents" Each in Their Individual and Official Capacities, Sheriff's Department of Fannin County
Court of Criminal Appeals of Texas · Decided December 18, 2015
Ricky J. Shugart v. David Thompson, A.K.A. "Lead Agent," A.K.A. "Agents" and Unknown Deputies, A.K.A. "Agents" Each in Their Individual and Official Capacities, Sheriff's Department of Fannin County

Opinion

Appellate rJocket Number: IgSf^^'glS^^E HFCEIVifD IN Appellate Case Style: Vs.

;ac. i m i tfcj] W kW I V

Dt.bra Au-lrev, CisrK Texarkana, "Texas UebraK. Autrey, Clerk Amended/corrected statement: DOCKETING STATEMENT (Civil) Appellate Court: (to be filed in the court of appeals upon perfection of appeal under TRAP 32) siPerson Q Organization (choose one) [*f Lead Attorney First Name: fflJtf$J$j$-':&$W?,w%

Suffix: g ProSe: @<

State: W®m*Jxfl&'1£'F>-4 Z'P+4. L£BggS Telephone: F^^ A::V\£g<l ext. D^gl FaX: ^^^^^-^^'^^ Email: ^^^yi:,'^:.^ SBN:

[^Person ^Organization (choose one) ffc^ Lead Attorney First Name: ^^^ First Name: Middle Name: ||§||| Middle Name: fe-M-ii'-i-M-g:;' Last Name: Last Name: 7-M *~&~".i-* *'•;-';'. Suffix: Suffix: ^^fiS Law Firm Name: P ProSe: Q Address I: M^^|^^|^iB^Bng^@| Address 2: ['•'|'^l^*™" ••"»••• in i^^^^™™™ City: B^gl^gMPS Telephone:p B?MiBf^ ext. py^g-pg Fax: *• .- •*

Email: fv^&llr . •-. : SBN: ~S •-fit.-."h»WJ«« <

Pagel of 7 Q&£Mtjffi@fr Nature ofCase (Subject matter or type ofcase): ^^^^Wi^^^^^^^^W/Wt/^^^ &fi^'^/^Awir Date order or judgment signed: [^m^^^^^^^j^H Type ofjudgment: ^jgl^^SSIlS^^S^^SSfSS^si Date notice of appeal filed in trial court: \^^^^^^M^^^^^j}- If mailed to the trial court clerk, also give the date mailed: ^^l^MWF^^B^^S^ Interlocutory appeal of appealable order: QJ'Yes • No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated appeal (See TRAP 28): iffYes [g^o If yes, please specify statutory or other basis on which appeal is accelerated: m& ^<^mM£^0)-m^m?. • ••»•--.

Parental Termination or Child Protection? (See TRAP 28.4): [jYes ©fJo Permissive? (See TRAP 28.3): D Yes • No /VfA Ifyes, please specify statutory or other basis for such status: A^n" ™ '~T™^S^ _____ ."*..

Agreed? (See TRAP 28.2): • Yes • No Ifyes, please specify statutory or other basis for such status: /^Vn' fcr**5W

Appeal should receive precedence, preference, or priority under statute or rule: LJ 'es Ua^0 Jfcf'jto&QX'OVC- If yes, please specify statutory or other basis for such status: Km^mtm^m^mMmmmm Does this case involve an amount under $100,000? \j^*fes QNo Judgment or orderdisposes of all parties and issues: [^f Yes [~]No Appeal from final judgment: @ies []No Does the appeal involve the constitutionality or the validity ofastatute, rule, or ordinance? [^Yes flNo £&8sm\ ^'1^1&W3j82$ Motion for New Trial: • Yes ITfNo If yes, date filed Motion to Modify Judgment: DYes [04jo If yes, date filed Request for Findings of Fact • Yes 0*No If yes, date filed and Conclusions of Law: Motion to Reinstate: •Yes E'No If yes, date filed: |gg • Yes E'No If yes, date filed: Motion under TRCP 306a: Other: [TfYes • No If other, please specify: ^^^P^^^^g^^WWWWI Affidavit filed in trial court: B> es • No Ifyes, date filed: ^^^^^ Contest filed in trial court: DYes GH'No Ifyes, date filed: P^WH^3,fir>' Date ruling on contest due: EMXitifi

Ruling on contest: • Sustained • Overruled Date of ruling: fi^hftirtUTjflffi Has any party to the court'sjudgment filed for protection in bankruptcy which might affect this appeal? • Yes fR^No If yes, please attach a copy of the petition.

Date bankruptcy filed: mm Bankruptcy Case Number:

<Uuftfl@nDj8 ^__DG_asiR9 Court: Clerk's Record:

Trial Court Clerk: • District • County Trial Court Docket Number (Cause No.): Y@fyMtSi2$2$j7j3, Was clerk's record requested? Q^es • No If yes, date requested: | ^ Trial Judge (who tried or disposed of case): If no, date it will berequested: Wnffi/a First Name: ^»8^^S!Wr >*>£*£*- Were payment arrangements made with clerk?

Middle Name: •Yes QNo ©Indigent Last Name: (Note: No request required under TRAP 34.5(a),(b)) Suffix: Address 1: Address 2 : __ City: WffiSKbm Telephone: ^gg^g^ggggg| gxt Fax: Email:

Reporter's or Recorder's Record: Is there a reporter's record? • Yes [Tf No Was reporter's record requested? QYes ©No Was there a reporter's record electronically recorded? • Yes fT^o If yes, date requested: ^^^n^y/ If no, date it will be requested: J//J$ft Were payment arrangements made with the court reporter/court recorder? •Yes [~\ No |7?fridigent I I Court Reporter • Court Recorder (/•fl/K/Vfutf • Official • Substitute

First Name: Middle Name: ••^SttSfW***" Last Name:

Address Address 2: City: State: [[jexas!

Telephone: Fax: Email:

.fimjaofliiitiggilp Supersedeas bond filed: • Yes [jKNo Ifyes, date filed: Will file: • Yes f^No /Vffi

Will you request extraordinary relief(e.g. temporary or ancillary relief) from this Court? • Yes Ql^No If yes, briefly state the basis for your request:

RaiM&llTrin'aTiTiell^spW \w^®^&£m£§ Should this appeal be referred to mediation? • Yes CB'No If no, please specify:!

Has the case been through an ADR procedure? QYes • No If yes, who was the mediator? ^•HHHBSH^Hitf^y What type ofADR procedure? JSBBl^SKKMfl At what stage did the case go through ADR? • Pre-Trial • Post-Trial • Other If other, please specify: Type of case? |^| Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standardfor review, if known (without prejudice to the right to raise additional issues or request additional relief):

How was the case disposed of? j^lllfi Summary of relief granted, including amount of moneyjudgment, and if any, damages awarded.

If money judgment, what was the amount? Actual damages:

Attorney's fees (trial): pHr£C/ &*pUIH<t /£ dy£/M Attorney's fees (appellate): Other; If other, please specify:

Will you challengethis Court'sjurisdiction? • Yes ©No Doesjudgment have language that one or more parties "take nothing"? • Yes ©No Doesjudgment have a Mother Hubbard clause? ©Yes ©no Other basis for finality? HB^iSs Rate the complexity of the case (use 1for least and 5 for most complex): • 1 (§3 2 © 3 • 4 Q5 Please make my answer to the preceding questions known to otherparties in this case. • Yes Can the parties agree on an appellate mediator? E^'es [S-'No If yes, please give name, address, telephone, fax and email address: Name Address Telephone Fax Email feT™———" Languages other than English in which the mediator should be proficient: Name of person filing out mediation section of docketing statement:

|Sm nW)rf^R^Wim' List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.

Docket Number '.- n* /(/A Trial Court:

•X|||§gfq^^ The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court.

The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Statement.

Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteerappellate attorneys, / Doyou want this case to be considered for inclusion in the Pro Bono Program? ©Yes © No Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal? [i_Kes • No Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program.

If you have not previouslyfiled an affidavitof Indigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? • Yes S^oT^^^W" These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06povertv.shtml.

Are you willing to disclose your financial circumstances to the Pro Bono Committee? L_lYes I I No If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of an affidavit under oath as to your financial circumstances.

Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary).

Signatuwof counsel (or pro se party) Date:

Printed Name: ^fMXjjM^SMfflt^ State Bar No. mm-^m

Electronic Signature: (Optional)

The undersigned counsel certifies that thL •i-jvkv.ing statement has beenserved on the following leadcounsel for all parties to the trial court's order or judgment as follows on ^jj^^^^Mi •0&& A^f* deffrfy *S (Ecrjf^ihfj i% PH&hikdfa. TpC.

Signature of counsel (or pro se party) Electronic Signature: §If||J (Optional) State Bar No.: Person Served Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the serviceand must state: (1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the party represented by that attorney

Please enter the following for each person served:

Date Served: Manner Served:

If Attorney, Representing Party's Na;i;j. r^.,.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.