Such prerogative rests with the legislature. You understand that any search reports offered from this website will only be generated with the purchase of the report Reginald Wayne Biggs v. The State of Texas Appeal from 7th District created or verified by RecordsFinder. . [3], Partisan primaries are held if even one candidate has filed for a position. Filing for Divorce in Smith County, Texas Texas Court of Appeals ), a prior case by that court, holding that the substantial compliance rule was applicable to meeting the requirements of the Open Meetings Act. App. Toyah ISD v. Pecos-Barstow ISD, supra. The elections are closed, however, in that voters may not participate in the proceedings (a runoff primary or a convention) of another party thereafter. Give a copy of the paperwork you filed to your spouse. Crim. : : : : APPEAL NO. Judicial Circuits of the Seventh District. We affirm. He also completed a J.D. We provide access to self-guided and computer-aided software that can be used to get your divorce forms filled out. Get a hearing date after a state-mandated 60-day waiting period. Each region is overseen by a presiding judge who is appointed by the governor to a four-year term. You must review and accept our Terms of Service and Privacy Policy before using our The minutes of the Commissioners Court of the meeting of August 3, 1981, indicate that a request for a public hearing for the purpose of closing a portion of County Road # 431 as noted on attached plat was item 5 on the regular agenda. Note: All non-emergency offices are closed during Smith County holiday. 6703 and the new article 6702-1, sec. Thornton v. Smith, Both cases held that the determination by a government body that an emergency existed which excused, Full title:George THORNTON, Joe Davenport and Glenn Ellerd, Appellants, v. SMITH. We sustain Landowners' seventh point. Judge Hayes testified that after-hours entry into the building by the public can be obtained through the Sheriff's office which is located in the basement of the courthouse. California Privacy Notice: If you are a California resident, you have the right to know what personal information we collect, the purposes for which we use it, and your options to opt out of its sale. Neither Compton v. Thacker, nor the Moore case are applicable to the facts presented here. Additionally, Landowners sought cancellation of said deed, and a permanent injunction, enjoining the county from closing such road segment, and enjoining Tyler Pipe from occupying or obstructing the same. 3A(h) of Article 6252-17, TEX.REV.CIV.STAT.ANN. https://www.smith-county.com/government/elected-officials/district-clerk, 350 McAllister Street Room 1295, San Francisco, CA 94102. Cecil Allan Moore v. The State of Texas Appeal from 7th District Court services for any purpose covered by the FCRA, including but not limited to tenant or Accordingly, we overrule Appellant's third issue. We cancel the quit-claim deed from Smith County to Tyler Pipe Industries of Texas, Inc., dated October 9, 1981, and shown to be recorded in Vol. The officers removed Lackey from the patrol car and requested another patrol car to help in transportation. In the original act, Section 3A(f) merely required, "Notice of a meeting must be posted for at least the three days preceding the day of the meeting." However, it basically complains that neither Smith County nor Tyler Pipe "have jurisdiction or authority to deny plaintiffs access to the subject portion of Jim Hogg Road." Such language leaves little, if any, room for application of the rule of substantial compliance. Douglas County District Court. Appellant Bennie Saenz was convicted by a jury of possession of cocaine. endstream endobj startxref THE STATE OF TEXAS, APPELLEE 2524-1 (Vernon 1965). Appeal from the 7th District Court, Smith County, Donald Carroll, J. Gene Caldwell, Bain, Files, Allen Caldwell, Tyler, for appellees. Clerk Name: Lois Rogers. The question on appeal was whether appellee produced sufficient summary judgment evidence to prove that notice of its two meetings were given as required by art. Texas Statutory Probate Courts Landowners sought relief under the Uniform Declaratory Judgment Act and Texas Revised Civil Statutes, art. 2000). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. You may be shocked by the information found in your Judge Kerry L. Russell | Trellis Address: 350 McAllister Street Room 1295, San Francisco, CA 94102. Bennie Saenz v. State of Texas--Appeal from 7th District Court of Smith George Thornton, Joe Davenport and Glenn Ellerd, plaintiffs/appellants (Landowners), appeal from a take-nothing judgment . [1], .courts-container { background-color:#fcfcfc; width:100%; border:1px solid black;padding:5px;text-align:center;clear:both; } How Much Does a Divorce Lawyer Cost in Texas? We do not originate, create, or control that information, and we cannot guarantee Ask that your spouse signs the Answer or Waiver and a Decree. at 311. You will have to prove you did it when finalizing your case, so request a return receipt when mailing the form. (Vernon 1960), provided (until repealed, effective September 1, 1983): All articles cited are Texas Revised Civil Statutes unless otherwise noted. Original Petition for Divorce in Smith County, Information on Suit Affecting Family Relationship, Standard or Modified Possession Order if you have children. County also contends that in cases involving the notice requirements of the Open Meetings Act, such requirements are met when there is substantial compliance. According to the state courts website, the presiding judge may be a "regular elected or retired district judge, a former judge with at least 12 years of service as a district judge, or a retired appellate judge with judicial experience on a district court."[4]. Hereinafter referred to as the Open Meetings Act. Judge Hayes, acting pursuant to such order, executed a quit-claim deed to Tyler Pipe on October 9, 1981, quit-claiming to Tyler Pipe "all the undivided rights, titles, and interest of Smith County and the public" in a portion of County Road 431 which consisted of a tract some 80 feet in width and 1,825 feet in length, containing an area of approximately 3.35 acres. Click to reveal In Stelzer v. Huddleston, supra, Judge Moore, writing for this Court, stated that the provisions of former Subsection 3A(h) of art. OnlineDivorceTexas is not a law company and our services and forms are not a substitute for the advice of an attorney. NO. Smith County, Phone Number: 903-590-1640 COLLEY, Justice. art. Chief Judge D. Scott Smith. 1st called session, p. 20, 1884 Tex.Gen Laws vol. On Friday, August 21, 1981, at 9:00 a.m., notice of the agenda for the meeting of August 24, 1981, was posted on a bulletin board in the hallway of the first floor inside the Smith County Courthouse. There might be other court fees, such as those for making copies or serving your spouse, if you need it. She told them that she had a light out and that the other car was following her home. In April 2020, Johnson was charged in state court. The facts in Compton v. Thacker, were entirely different from the case at bar. To hold that public officials such as County Commissioners and County Judges could not discuss informally among themselves matters which are pending or which may be pending before them would hamper them in carrying out their legal duties. Appellants in their second, third, fourth and fifth points contend the finding of the trial court that the Commissioners Court substantially complied with the Open Meetings Act is against the great weight and preponderance of the evidence because the evidence demonstrates that (2) the Commissioners Court failed to consider or certify the Petition of Freeholders at any meeting of the Commissioners Court open to the public; (3) the Commissioners Court considered closing the subject portion of Jim Hogg road in discussions and meetings not open to the public; and (4) the Commissioners Court considered its agreement to deed the subject portion of Jim Hogg road to Tyler Pipe, and the compensation it would receive therefor, and reached that agreement in discussion and meetings not open to the public. Please search responsibly. 183 0 obj <> endobj The rear seat was removed and a bag of marijuana was found where Lackey had been sitting. dism'd, 65 S.W.3d 59 (Tex. Crim. No. Moore v. Commissioners Court, supra, at 121. Crim. After Appellant was placed in the patrol car, he began making similar movements as those made by Lackey. at 711-712.2 2 The District Court also denied motions to dismiss the complaints on various grounds. However, Judge Hayes candidly admitted that public access to the first floor of the courthouse through the Sheriff's office has been limited on weekends. Appellant was placed under arrest and was put in the rear driver's side of the patrol car. A legal sufficiency of the evidence review calls upon the reviewing court to view the relevant evidence in the light most favorable to the verdict and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Dinario Jones v. State of Texas--Appeal from 7th District Court of Phone: 903-590-1660. This it did not do. App. 6252-17, Sec. The court first pointed out that Smith had named only Knox County Jail as defendant, and he could not sue a building. The August 31st order authorized the county judge to execute a deed on behalf of Smith County to Tyler Pipe of such segment. The information on this website is taken from records made available by state and local law enforcement departments, The State of Texas Appeal from 7th District Court of Smith County John Sandoval v. The State of Texas Appeal from 7th District Court of Smith County (memorandum opinion per curiam) Annotate this Case Download PDF of 0 An error occurred while loading the PDF. The current language of Subsection (h) of Section 3A further requires that the notice "must be posted in a place readily accessible to the general public at all times for at least 72 hours preceding the scheduled time of the meeting." Search Online Court Records | Smith County, TX John Sandoval v. The State of Texas Appeal from 7th District Court of There was no way of telling from the video whether Lackey was also in possession of the cocaine and that she removed it from her pocket. Crim. Adoption, Delayed Registration of Foreign Birth, Judicial Admissions, Juvenile and Child Protective Proceedings, Juvenile Guardianships, Mental Illness, Name Changes, Parental Waivers, Personal Protection Orders, Surrendered New Born Child, Treatment of Infectious Disease, Violation of Personal Protection Orders, Young Adult Voluntary Foster Care . Upon questioning, Lackey told the officers that Appellant had put his hand in her pocket and was touching her. 1909, pp. He served as district associate judge from 2012 until his appointment to district court judge. Our court in Stelzer v. Huddleston, supra, wrote that substantial compliance is achieved when the action of the governmental body "provides realistic fulfillment of the purpose for which the mandate was incorporated in the statute," Id. We reverse and render in part, and reverse and remand with instructions in part. APPELLANT . The August 24th order closed a segment of County Road 431. 1998), the Texas Court of Criminal Appeals required that a habeas applicant demonstrate that he was harmed by a deficiency in the cumulation order. See Hoitt v. State, 30 S.W.3d 670, 675-76 (Tex. Texas District Courts The record shows that Whitehouse police officers were on patrol when they observed two cars in the parking lot of a closed business. Even if the trial court's judgment is deficient, Appellant has failed to show that he was harmed by the error. The standard is the same in both direct and circumstantial evidence cases. Texas Revised Civil Statutes art. Search Home; I Want To. The bag had not been in the car when the officers began their patrol. StateCourts.org uses public and private sources of information to supply you with search Also, review of the legal sufficiency of the evidence does not involve any weighing of favorable and non-favorable evidence. App. 6252-17. The record also discloses that the Commissioners had informally discussed the closing of the road several times but that formal action was taken by them only on August 24, 1981, after the posting of the freeholders' petition on August 3, 1981. 97, 292 S.W.2d 324, 328 (1956); Mobil Oil Corp. v. Matagorda County Drainage District, 597 S.W.2d 910, 911-912 (Tex. We summarize the facts giving rise to this dispute. We do not practice law and cannot provide any legal advice. 208 0 obj <>stream The evidence further shows that the main entrances to the first floor of the Smith County Courthouse are locked between the hours of 7:00 and 8:30 p.m. on Fridays, and remain locked until 6:00 or 6:30 a.m. on the Monday following. County Directory | Smith County, TX The search you are about to conduct on this website is a people search to find initial results of the search subject. At the time of this offense, Appellant was on parole for a murder he committed in 1984. Columbiana No. Searches of license plate and VIN information are available only for purposes authorized by the Drivers Privacy Deciding where to file for divorce in Smith County, you need to understand that not all courts review marriage dissolution cases. The State of Texas Appeal from 7th District Court of Smith County Cecil Allan Moore v. The State of Texas Appeal from 7th District Court of Smith County (memorandum opinion) Annotate this Case Download PDF of 0 An error occurred while loading the PDF. The officer testified that he found the cocaine under Appellant's "butt.". He further testified that the only time during which an agenda posted on Friday morning was "readily accessible and easily accessible in the manner in which a person would have a right to expect to walk in and see a public notice" before a Monday morning meeting of the Commissioners Court would be between the hours of posting on Friday until 8:30 p.m. on Friday night, and between the hours of 6:00 or 6:30 a.m. on Monday until the time of the meeting. Panel consisted of Worthen, J., and Griffith, J. Administrative Judge: District Court Administrator: Judge D. Scott Smith Lynn Ansley, Judicial Circuits of the Seventh District. You already receive all suggested Justia Opinion Summary Newsletters. Here is a divorce court in Smith County that you may bring your case to: Divorce Courts in Smith County, Texas. Article 6703, TEX.REV.CIV.STAT.ANN. But Lackey was never in the vicinity of where Appellant was placed in the car. Crim. The same goes for a no-fault marriage dissolution when you and your spouse do not blame each other for the breakdown of your marriage but are not in agreement on how to divide your assets and take care of your children. Commissioner Ammons testified the matter had been discussed by the Commissioners "over a long period of time," and that two notices of the meeting to consider it were posted by the County Engineer and a man named Sid Emmons in the vicinity of the segment of the road to be closed, and that the petition was posted at three places for twenty days prior to the action of the Commissioners Court on August 24, 1981. App. Petition for Writ of Habeas Corpus as to cause # 007-1153-00 in 7th District Court, Smith County, TX, filed by Stephanie Catherine Barron. The freeholders' petition read as follows: The record indicates that the posting of the petition was considered by the Commissioners Court at the August 3, 1981, meeting which was open to the public. endstream endobj 184 0 obj <. File the Decree with a clerk after the judge signs it. A Birth Certificate; A Death Certificate; A Marriage License . Co., 50 S.W.2d 268, 273 (Tex.Comm'n App. We review the evidence weighed by the jury that tends to prove the existence of the elemental fact in dispute and compare it with the evidence that tends to disprove that fact. Crim. The notice requirement of article 6252-17, section 3A(a) is to be strictly construed. Texas judicial district 7 - Ballotpedia Court Address: 100 N. Broadway, Room 203, Tyler, Texas 75702. All costs herein are assessed against appellees, Smith County and Tyler Pipe Industries of Texas, Inc., jointly and severally. Moore v. State, No. 06-20-00064-CR | Casetext Search + Citator 7th Dist. Judge Name: Judge Kerry L. Russell. The evidence was that she had pulled out her own pocket and had secreted the marijuana. From our reading of Compton, supra, as well as Moore v. Commissioners Court of McCulloch County, 239 S.W.2d 119 (Tex.Civ.App.-Austin 1932, writ ref'd), and Meyer v. Galveston H. S.A. Ry. Although we may be of the opinion that the requirements of the notice are too restrictive, nevertheless we are not empowered to legislate a change when the import of the statute is plain and unambiguous. The State of TexasAppeal from 7th District Court of Smith County Alex Dalton Ingram v. The State of TexasAppeal from 7th District Court of Smith County (memorandum opinion ) Annotate this Case Download PDF Free Daily Summaries in Your Inbox Search this Case See, e.g., Stokes v. State, 688 S.W.2d 539, 540-41 (Tex. 288 1, 1983 Tex.Gen Laws 1431, 1433. 100 N Broadway, Rm 203, Tyler, TX75702-7236 Proc. 393-395 of the Deed Records of Smith County, Texas. To fill out divorce papers correctly, you will have to read each question to make sure it applies to your case before you answer it. I would overrule points two, three, four and five. Civil infractions or traffic violations. Alex Dalton Ingram v. The State of TexasAppeal from 7th District Court There is no evidence of lack of access nor of hardship by any landowner or traveler. Although we acknowledge the differences between a habeas corpus proceeding and a regular appeal, we see no reason that a faulty cumulation order should not be subject to a demonstration of harm. In this case, the notices of the two meetings were posted in a place readily accessible to the public; however, the real issue here is whether the language used by the legislature in the current version of Subsection (h) is so specific in requiring that the notice be readily accessible to the public "at all times for at least 72 hours preceding the scheduled time of the meeting" as to preclude the application thereto of the judicially fashioned rule of "substantial compliance." Crim. Johnson v. State, 967 S.W.2d 410, 412 (Tex. a resident of his or her respective judicial district for at least two years. %%EOF To inquire about the fees, contact the clerk of the district court where you plan to file. The tape showed Lackey making a number of movements in the car while the officers were still talking with Appellant. In Ex parte San Migel, 973 S.W.2d 310 (Tex. The weight of authority seems to be that substantial compliance with the Open Meetings Act is sufficient. 1951), only the cause number and the county in which the conviction occurred are included in the judgment. Officers executing a warrant at Johnson's address found a rifle and drugs. This website is using a security service to protect itself from online attacks. Land contract forfeitures. If youre not sure which court youre looking for, learn more about the Texas court system. 7th Judicial District - KS Courts The doors to the first floor of the courthouse are locked between 7:00 and 8:30 p.m. on Friday nights and are not unlocked until about 6:00 or 6:30 a.m. Monday morning. Please visit GoodHire for all your employment screening needs. *Not location specific. By clicking I Agree you consent to our Terms of Service, agree not to use the information provided by App.-Texarkana 2000), pet. He told officers that he was following Lackey home because of a burned out headlight. The question of whether conduct of a governmental body constitutes substantial compliance with such notice provisions is a mixed question of law and fact and must be determined on a case-by-case analysis of the language of the statute and the evidence before the court. 6703 was complied with when the commissioners court altered or re-routed the road before the segment was discontinued, and the public was not prohibited from using the road, and art. The McConnell court cited Santos v. Guerra, 570 S.W.2d 437 (Tex.Civ.App.-San Antonio 1978, writ ref'd n.r.e. Notable Victories for Erick Platten Attorney At Law County Judge Bob H. Hayes testified at trial, that at the August 24th meeting, the motion to close the road segment was adopted by unanimous vote. The "Regular Agenda," item eight, on that notice reads: "Conduct public hearing on closing a portion of the Jim Hogg Road (County Rd. App. Officers did not see the bag when they put Appellant in the patrol car. In issue three, Appellant argues that the cumulation order contained within the judgment is void for lack of specificity. Protection Act of 1994 (DPPA). Appeal from the 7th District Court, Smith County, Donald Carroll, J. Allan Jackson, Tyler, for appellants. DINARIO JONES, APPEAL FROM THE SEVENTH . 1998). Appellant was charged with possession of a controlled substance, namely cocaine, in an amount of less than one gram. Item 6 of the "Regular Agenda" for the August 31, 1981, session read: "Authorize County Judge to execute a Deed [sic] to Tyler Pipe Industries, transferring Smith County's interest in the portion of County Road 431 that was closed by the Commissioners Court on August 24, 1981." In McConnell v. Alamo Heights ISD, 576 S.W.2d 470, 474 (Tex.Civ.App. Pass a 1-minute check to see if you can get cheap help with your uncontested divorce in Smith County.
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