. 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. Recordsfinder.com for any unlawful purposes, and you understand that we cannot confirm that information provided art. [6][7], Though Texas officially has closed primaries (requiring that voters declare party affiliation in advance in order to participate), the state's primaries are functionally open: any registered voter may vote in any single party's primary if they have not voted in the primary of another party. More Information apply. 01 CO 3, 2002-Ohio-5035, 48 (On appeal, . The trial court has discretion to stack sentences for two different offenses. Here is a divorce court in Smith County that you may bring your case to: Court Address: 100 N. Broadway, Room 203, Tyler, Texas 75702. Who can help fill out divorce papers? Kerry L. Russell is a judge for the 7th District Court in Smith County, Texas. Such prerogative rests with the legislature. George Thornton, Joe Davenport and Glenn Ellerd, plaintiffs/appellants (Landowners), appeal from a take-nothing judgment rendered in a bench trial in their suit against Smith County, County Judge Bob Hayes, Smith County's four commissioners and Tyler Pipe Industries of Texas, Inc. (Tyler Pipe), defendants/appellees. (Supp. Judge Name: Judge Kerry L. Russell. Appeal from the 7th District Court of Smith County, Texas (Tr.Ct.No. 367 1, 1975 Tex.Gen Laws 968 (present wording). The information obtained from our searches is not to be used for any unlawful purposes. 7th District Court in Tyler, TX - Court Information - County-Courthouse.com For example, if you or your spouse would like to get back to using the maiden name, you will have to file an Order with a request to restore it. 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. 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. 1st called session, p. 20, 1884 Tex.Gen Laws vol. The only change for any landowner traveling on road # 431 was that the traveling public would travel on road # 471 on the north side of Tyler Pipe to reach Highway 69 rather than on the east and south side of Tyler Pipe to reach Highway 69. ", In Ray v. Farmers' State Bank of Hart, 576 S.W.2d 607, 609 (Tex. No property right of appellants has been taken or denied. One of the officers detected the odor of alcohol on Appellant, so he conducted sobriety tests. V. JUDICIAL DISTRICT COURT OF . 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. 12-22-00032-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS REGINALD WAYNE BIGGS, APPELLANT APPEAL FROM THE 7TH V. JUDICIAL DISTRICT COURT THE STATE OF TEXAS, APPELLEE SMITH COUNTY, TEXAS MEMORANDUM OPINION Reginald Biggs appeals his conviction for unlawful possession of a firearm by a felon. 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. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Twelfth District Decisions 2021 In Re: Robert Britt Appeal from 7th District Court of Smith County In Re: Robert Britt Appeal from 7th District Court of Smith County (memorandum opinion per curiam) Your use of RecordsFinder is conditioned on your App. [6], The winning candidates from each major party's primary, as well as any additional minor party candidates, compete in a general election on the first Tuesday after the first Monday in November. On Tuesday, August 28, 1981, at 10:00 a.m. notice of the agenda of a special session of the Smith County Commissioners Court to be held on August 31, 1981, at 10:00 a.m. was posted on a bulletin board located in the hallway of the first floor of the courthouse. An appellate court should consider all the evidence regardless of its admissibility. Proc. A Birth Certificate; A Death Certificate; A Marriage License . 2000). 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The weight of authority seems to be that substantial compliance with the Open Meetings Act is sufficient. On appeal, Appellant complains of legal and factual insufficiency, and a void cumulation order. Searches of license plate and VIN information are available only for purposes authorized by the Drivers Privacy services. Visit Site . The statutes, both art. The action you just performed triggered the security solution. C-220425 TRIAL NO. There was no dispute that the notice was posted at least 72 hours preceding the scheduled time of the meeting. But Lackey was never in the vicinity of where Appellant was placed in the car. We do not practice law and cannot provide any legal advice. Judicial Circuits | 7jad To file for uncontested divorce in Smith County, you may: If you have children who received Medicaid or TANF, you will also have to mail the copy of the Petition you filed to the Child Support Division of the Office of Attorney General. Deciding where to file for divorce in Smith County, you need to understand that not all courts review marriage dissolution cases. ), was a summary judgment case involving the Texas Open Meetings Act. Williams v. Castleman, 112 Tex. Crim. The Amarillo court in Lipscomb held that notice of the meeting of the County Board of Trustees set for Tuesday, May 26, 1970, which was posted on Friday, May 22, 1970, inside the courthouse at about 5:00 p.m. constituted a substantial compliance with the notice requirements of the Open Meetings Act. 1986); Ward, 523 S.W.2d at 682; Phillips v. State, 488 S.W.2d 97, 99 (Tex. Clewis v. State, 922 S.W.2d 126, 133 (Tex. The Texas trial court system consists of District Courts, Criminal District Court, Constitutional County Courts, County Courts at Law, Statutory Probate Courts, Justice Courts, and Municipal Courts. His speedy trial requests were complicated by the COVID-19 pandemic and the state's adjournment of jury trials. That is, that the time and manner of posting the notice realistically satisfies the purposes of the statute, citing one of our cases, Stelzer v. Huddleston, 526 S.W.2d 710 (Tex.Civ.App.-Tyler 1975, writ dism'd). The question presented is not whether the action taken by the commissioners court is supported by substantial evidence, but rather should the actions of the commissioners court be voided because of the claimed violations of the requirements of Subsection (h) of Section 3A of the Open Meetings Act. We hold that the commissioners court was bound to comply literally with the provisions of Section 3A(h). 1985) and held that "complaints as to procedural irregularities in a condemnation case 'must be preserved at the trial level by motion, exception, objection, plea in abatement, or some other vehicle,'" and since the Holloways never objected nor called the alleged lack of proper notice to the trial court's attention they waived their right to complain on appeal that the county failed to comply with the notice requirements of the Open Meetings Act. Hours: Monday-Friday 8:00 AM - 5:00 PM. DINARIO JONES, APPEAL FROM THE SEVENTH . It would be necessary to either wait or get divorced in the county where you or your spouse live. The result of the holding of the majority would be that any landowner on a road would be able to control the route of any public road and thereby usurp the authority of the county commissioners. On Appeal from the 7th District Court Smith County, Texas Trial Court No. ); Live Oak County v. Lower Nueces River Water Supply District, 446 S.W.2d 14, 22 (Tex.Civ.App.-Beaumont 1969, writ ref'd n.r.e.). The order should include (1) the trial court number of the prior conviction; (2) the correct name of the court where the prior conviction was taken; (3) the date of the prior conviction; (4) the term of years of the prior conviction; and (5) the nature of the prior conviction. (Vernon 1960), provided (until repealed, effective September 1, 1983): All articles cited are Texas Revised Civil Statutes unless otherwise noted. Fax: 903-590-1661. Who can help fill out divorce papers? 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. App. Texas Statutory Probate Courts While Appellant was talking to one officer, the other officer was placing Lackey in the rear passenger side of the patrol car. App. . You understand that any search reports offered from this website will only be generated with the purchase of the report 7th Judicial District - KS Courts Court Name: 7th District Court. He spoke with police in a recorded proffer session on the condition that it be inadmissible except for purposes of impeachment. The judge will review it to decide whether your financial situation is dire enough to grant relief. https://www.smith-county.com/government/elected-officials/district-clerk, 350 McAllister Street Room 1295, San Francisco, CA 94102. The officers removed Lackey from the patrol car and requested another patrol car to help in transportation. We summarize the facts giving rise to this dispute. In Compton one of the purposes of the road was access to abutting land, and the court there held that "the statutory power of the commissioners' court to discontinue a county road by formal order is restricted to abandonment by the county of its maintenance as a public highway and does not include the power to deny its use to the owners of property situated on it.". Smith County Texas Court Directory | CourtReference.com 6703 and the new article 6702-1, sec. Alex Dalton Ingram v. The State of TexasAppeal from 7th District Court In Ex parte San Migel, 973 S.W.2d 310 (Tex. 713, and that where the "objective sought by the 'notice' provision has been fully attained," the mandate of the statute has been satisfied. Hon. Code Crim. Appellant Bennie Saenz was convicted by a jury of possession of cocaine. Phone: 903-590-1660. StateCourts.org cannot confirm that information provided below is accurate or complete. Johnson v. State, 23 S.W.3d 1, 11 (Tex. APPELLANT . We strive to provide accurate information, however, Courtreference.com is not an official source of information for any court or court clerk. 6252-17, although mandatory, were subject to the substantial compliance rule, citing inter alia, Lipscomb Independent School District v. County School Trustees, 498 S.W.2d 364 (Tex.Civ.App.-Amarillo 1973, writ ref'd n.r.e.). Again, the San Antonio Court in its much cited opinion in Toyah ISD v. Pecos-Barstow ISD, 466 S.W.2d 377 (Tex.Civ.App.-San Antonio 1971, no writ), held that governmental bodies must substantially comply with the mandatory provisions of Section 3A of the Open Meetings Act. District Court Administrator: Judge D. Scott Smith Lynn Ansley. 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. We affirm. *Not location specific. 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 She told them that she had a light out and that the other car was following her home. However, the commissioners court does not possess the power or authority to take any action to obstruct Landowners' free and uninterrupted passage over, along and across said road or any segment thereof. The August 31st order authorized the county judge to execute a deed on behalf of Smith County to Tyler Pipe of such segment. Appeal from the 7th District Court, Smith County, Donald Carroll, J. Gene Caldwell, Bain, Files, Allen Caldwell, Tyler, for appellees. Section 3A(h) of the 1973 amendments provided that "[n]otice of a meeting must be posted for at least 72 hours preceding the day of the meeting." 1 Smith County Courthouse Annex 200 E Ferguson, #300 , Tyler , TX 75702 Phone: 903-590-4670 Fax: 903-590-4689 Contact information is for County Clerk office. 6252-17 (Vernon Supp. Services are provided and admissions/referrals are made without regard to race, color, religious creed, ancestry, gender, sexual orientation, disability, age or national origin. Dinario Jones v. State of Texas--Appeal from 7th District Court of Filing for Divorce in Smith County, Texas Below is a directory of court locations in Smith County. Original Petition for Divorce in Smith County, Information on Suit Affecting Family Relationship, Standard or Modified Possession Order if you have children. I would hold that such findings by the trial court are not against the great weight and preponderance of the evidence. Taking time to review them and checking whether you should sign them in front of the notary might save you from having to refill the paperwork. He also completed a J.D. Crim. Crim. Tex. 183 0 obj <> endobj 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." Beaumont 1981, writ ref'd n.r.e. The court address is 100 N Broadway, #204, Tyler TX 75702. The record here discloses that there is no landowner on Jim Hogg road who is denied access to the road. We sustain Landowners' fifth point. Gene Caldwell, Bain, Files, Allen Caldwell, Tyler, for appellees. The "Regular Agenda," item eight, on that notice reads: "Conduct public hearing on closing a portion of the Jim Hogg Road (County Rd. The notice requirement of article 6252-17, section 3A(a) is to be strictly construed. search reports. In issue three, Appellant argues that the cumulation order contained within the judgment is void for lack of specificity. However, these requirements are not absolute, and cumulation orders containing less information have been held valid. The Texas Judicial System, Office of Court Administration (March 2005). 1932, holding approved), we have concluded that the order of the commissioners court closing the segment of the road was void. The tape showed Lackey making a number of movements in the car while the officers were still talking with Appellant. The above procedure of posting notices on Friday for meetings on Monday was followed for both the August 3, 1981, meeting and the August 24, 1981, meeting. While most district courts try both criminal and civil cases, in the more densely populated counties the courts may specialize in civil, criminal, juvenile, or family law matters. at 711-712.2 2 The District Court also denied motions to dismiss the complaints on various grounds. Court Address: 100 N. Broadway, Room 203, Tyler, Texas 75702. Get free summaries of new Texas Court of Appeals, Twelfth District opinions delivered to your inbox! To inquire about the fees, contact the clerk of the district court where you plan to file. 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." Cloudflare Ray ID: 7c09b5166aa242e4 %PDF-1.6 % Upon questioning, Lackey told the officers that Appellant had put his hand in her pocket and was touching her. Judge Jeffrey Watkins . [citing cases] But except in a rare case, the question of whether there was substantial compliance with the Act is a fact issue; and, in the absence of a waiver or an admission of the nonmovant, cannot be decided by summary judgment." The Supreme Court on January 30, 1985, decided on Holloway v. County of Matagorda, 686 S.W.2d 101 (Tex. Filing for Divorce in Runnels County, Texas, Filing for Divorce in Taylor County, Texas, What Are the Grounds for Filing for Divorce in Texas. Smith County, TX Home Menu. Sometime before August 3, 1981, following informal meetings of various county officials and representatives of Tyler Pipe, a "freeholders'" petition to close a portion of County Road 431 (Jim Hogg Road) was caused to be prepared and circulated to members of the public. In case you have any questions, please contact us via our email, phone or live chat on the website. The evidence was that she had pulled out her own pocket and had secreted the marijuana. Those cases dealt with the closing of a road. 2001). This is not to say, however, that the commissioners court may not by appropriate orders, based on substantial evidence, reasonably supporting the same, discontinue county road 431 or otherwise alter or re-route said road, or any portion thereof agreeable to the provisions of the County Road and Bridge Act, TEX.REV.CIV.STAT.ANN. When the second patrol car arrived, Appellant was removed from the vehicle. 8 Smith County Court at Law No. below is accurate or complete. If a commissioners court does not have authority to re-route a short segment of a road, when such action does not deny any landowner the same access for travel as before, then the statutes above quoted are meaningless. The trial court assessed punishment at imprisonment for five years. The undisputed evidence before us reflects that the Smith County Courthouse is closed on Saturdays and Sundays. 2000). The Court of Appeals reversed and remanded the case holding that even though the meeting of the board was held more than 72 hours after the notice was posted, "There were no facts adduced showing that the required notices were 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 . Appellant was in the other vehicle. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; Ballotpedia features 408,486 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. . Appellant was removed from the patrol car and was found to have been sitting on a bag of. No. 2 Smith County Courthouse Annex You understand that license plate and VIN searches are only available for a purpose authorized by the Driver's Privacy Protection Act of 1994 (DPPA). PDF In the Court of Appeals First Appellate District of Ohio Hamilton The judges of the Texas District Courts are chosen in partisan elections. Local Smith County Rules of Civil Trial - Judicial District Courts and County Courts at Law - Smith County, Texas. 0 If a candidate was unopposed in the general election, their name will still appear on the general election ballot.[6][8]. The Lipscomb court was dealing with the original version of Subsection (f) of art. 1996). [1] Judges Kerry L. Russell See also Texas District Courts Texas courts Federal courts: You already receive all suggested Justia Opinion Summary Newsletters. Before filing for divorce in Smith County, you need to make sure you are eligible to do so. The court disregarded appellant's argument that the effective time of notice was substantially reduced because the courthouse where the notice was posted was closed on Saturday and Sunday, citing Lipscomb Independent School District v. County School Trustees of Lipscomb County, 498 S.W.2d 364 (Tex.Civ.App.-Amarillo 1973, writ ref'd n.r.e. 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. dism'd, 65 S.W.3d 59 (Tex. 6252-17, Sec. Under no circumstances may you use our See Jones, 944 S.W.3d at 648. It is a reasonable deduction from the evidence that Appellant had the cocaine and removed it from his clothing while he was in the patrol car. You can email the site owner to let them know you were blocked. You will need a lawyer to represent you if you are filing on a fault basis, such as adultery, cruelty, or abandonment, for instance. To learn more, click the following link: Do not sell my info, Smith County Justice of the Peace Precinct 1, Smith County Justice of the Peace Precinct 2, Smith County Justice of the Peace Precinct 3, Smith County Justice of the Peace Precinct 4, Smith County Justice of the Peace Precinct 5. Address: 350 McAllister Street Room 1295, San Francisco, CA 94102. When a drug dog was called to the scene, he alerted on the driver's seat in Appellant's car, a place where Appellant had been sitting until a short time before the search. Is any of the above incorrect? 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. A sketch of the area in question follows: The trial court made and filed findings of fact and a conclusion of law as follows: In Stedman v. Georgetown Savings and Loan Association, 595 S.W.2d 486, 488 (Tex. Texas is one of 43 states that hold elections for judicial positions. County also contends that in cases involving the notice requirements of the Open Meetings Act, such requirements are met when there is substantial compliance. Acts 1969, 61st Leg. Crim. The Lipscomb court observed that the notice provisions of Section 3A made no requirement that the notice be accessible to the public during the entire three-day period. .. (Emphasis added.) Elaine Lackey, the driver of the truck, appeared to have been crying. on reh'g); Ward v. State, 523 S.W.2d 681, 682 (Tex. 1980). Texas judicial district 7 - Ballotpedia The McConnell court cited Santos v. Guerra, 570 S.W.2d 437 (Tex.Civ.App.-San Antonio 1978, writ ref'd n.r.e. 393-395 of the Deed Records of Smith County, Texas. Specifically, Landowners sought judgment declaring illegal and void certain orders made by the commissioners court on August 24th and 31st, 1981. The San Antonio court concluded that the notice provisions of the Open Meetings Act are mandatory and cites Lower Colorado River Authority v. City of San Marcos, 523 S.W.2d 641, 646 (Tex. Judge Suzanne Smith. The officers agreed that Lackey was not truthful when she accused Appellant of putting his hand in her pocket. PDF N HE Supreme Court of the United States Texas County Courts The District Clerk is the Administrator of the Smith County Jury System. App. By clicking I Agree you consent to our Terms of Service, agree not to use the information provided by 12-01-00135-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS . If no candidate in a race wins the majorityas in cases where more than two candidates are competing for a seata runoff election is held between the top two candidates. .courts-container hr {background-color:#f0a236;padding-bottom:2px;}, Fifth Circuit Court of Appeals U.S. District Court: Eastern District of Texas, Western District of Texas, Northern District of Texas, Southern District of Texas U.S. Bankruptcy Court: Eastern District of Texas, Western District of Texas, Northern District of Texas, Southern District of Texas, Texas Supreme Court A videotape was introduced and narrated by the officer. ch. You can explore additional available newsletters here. Recordsfinder.com is not a consumer reporting agency and does not supply consumer reports as those terms are defined Acts 1973, 63rd Leg. Tyler Pipe argues that the evidence sustains the trial court's finding that the notices were posted in substantial compliance with the Open Meetings Act. All costs herein are assessed against appellees, Smith County and Tyler Pipe Industries of Texas, Inc., jointly and severally. hbbd```b``"fHF~_L>dXd!s%`6Z@Hz h.FF )+ : : : : APPEAL NO. The August 24th order closed a segment of County Road 431. 1984, writ ref'd n.r.e. 1972). As in Ex parte Collier, 243 S.W.2d 177,178 (Tex. Jones v. State, 944 S.W.2d 642, 647 (Tex. MiCOURT Case Search - Michigan See, e.g., Stokes v. State, 688 S.W.2d 539, 540-41 (Tex. You must review and accept our Terms of Service and Privacy Policy before using our Moore v. State, No. 06-20-00064-CR | Casetext Search + Citator 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. In pertinent part, the original version read: "Notice of a meeting must be posted for at least the three days preceding the day of the meeting." Justia US Law Case Law Texas Case Law Texas Court of Appeals, Twelfth District Decisions 2020 Holly Leann Elliott v. The State of Texas Appeal from 7th District Court of Smith County You may also want to ask about the means of payment they accept and whether their work hours remain the same. %%EOF 1985). Performance & security by Cloudflare. "Substantial compliance," with the notice provisions of the Open Meetings Act, has been held to mean "compliance with the essential requirements" thereof.

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