The statutes, both art. Appeal from the 7th District Court, Smith County, Donald Carroll, J. Allan Jackson, Tyler, for appellants. 42.08(a) (Vernon Supp. 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. ch. endstream endobj 184 0 obj <. 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. %PDF-1.6 % Pass a 1-minute check to see if you can get cheap help with your uncontested divorce in Smith County. The bag had not been in the car when the officers began their patrol. For more information on which types of cases each court oversees, compare Texas courts. We sustain Landowners' fifth point. "Substantial compliance," with the notice provisions of the Open Meetings Act, has been held to mean "compliance with the essential requirements" thereof. The evidence was that she had pulled out her own pocket and had secreted the marijuana. He also completed a J.D. We reverse the judgment below insofar as it denied Landowners the injunctive relief sought, and remand that portion of this cause with instructions that the trial court forthwith order the issuance of a permanent injunction enjoining Smith County from closing any portion of Jim Hogg Road (County Road 431) located between the south right-of-way line of County Road 471 and the north right-of-way line of County Road 492 (Ann Campbell Road), and enjoining Tyler Pipe Industries of Texas, Inc. from occupying or placing obstructions upon any portion of Jim Hogg Road located between the south right-of-way line of County Road 471 and the north right-of-way line of County Road 492 (Ann Campbell Road). 2000). 1979), the Supreme Court, writing on whether there was evidence to support the findings of the lower courts, held, "It is fundamental that these fact findings must be upheld by us if there is more than a scintilla of evidence in support thereof. 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. When reviewing the factual sufficiency of the evidence, we must ask whether a neutral review of all the evidence, both for and against the finding, demonstrates that the proof of guilt is so obviously weak as to undermine confidence in the jury's determination, or the proof of guilt, although adequate if taken alone, is greatly outweighed by contrary proof. "No principle of law is better settled than that acts of discretion and findings of fact on the part of public officers to which such power is confided, including Commissioners Courts, will not be reviewed on appeal." Both Stelzer and Lipscomb are inapposite here because the language of Subsection (h) was drastically changed by the 1975 amendments. If you cannot afford to pay the fees, you may request relief from court by filing a Statement form. 1986); Ward, 523 S.W.2d at 682; Phillips v. State, 488 S.W.2d 97, 99 (Tex. Make your practice more effective and efficient with Casetexts legal research suite. Consistent with Ex parte Collier, we hold that the judgment is sufficiently specific to inform prison authorities how long to detain the prisoner under the sentence and is sufficiently specific to allow the defendant to identify the prior conviction with which the newer conviction is cumulated. ch. Tex. 7th Dist. 1985) (order contained only the cause number and the court of the prior conviction); Ex parte Shields, 371 S.W.2d 395, 395 (Tex. PDF In the Court of Appeals First Appellate District of Ohio Hamilton District 7 is a district court in Smith County. Judge Name: Judge Kerry L. Russell. 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. 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. Qualifications courts, city and town halls, and other public and private sources. ), a prior case by that court, holding that the substantial compliance rule was applicable to meeting the requirements of the Open Meetings Act. RecordsFinder searches is accurate or up to date. At the time of this offense, Appellant was on parole for a murder he committed in 1984. You understand that by clicking "I Agree" you consent to our Terms of Service and agree not to use information provided by StateCourts.org for any purpose under the FCRA, including to make determinations regarding an individual's eligibility for personal credit, insurance, employment, or for tenant screening. [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. 01 CO 3, 2002-Ohio-5035, 48 (On appeal, . . Douglas County District Court. APPELLANT . In our review of the legislative history of the notice requirements of the Open Meetings Act, we note, as did the Beaumont Court, that the revisions made by the legislature since 1969 strongly suggest that the legislature intended to strengthen the notice requirement of the act. The District Clerk is the Administrator of the Smith County Jury System. I agree with the trial court finding that the Commissioners Court substantially complied with the provisions of the Open meetings Act, and that they did not abuse their discretion in the discontinuance of the segment of the road in issue here. 2524-1 (Vernon 1965). The search you are about to conduct on this website is a people search to find initial results of the search subject. The new County Road and Bridge Act, effective September 1, 1983, Article 6702-1, Section 2.002 (court authority) provides: The record discloses, and the plat set out herein demonstrates, that art. 2000). Jury Duty, District and County Clerk of Court, Phone Number, and other Smith County info. Search Online Court Records | Smith County, TX The information on this website is taken from records made available by state and local law enforcement departments, Pursuant to our Terms of Service, you acknowledge and agree not to use Smith County Jury Summons have a new look. The movements that Appellant made were similar to the movements made by Lackey, as if he were also attempting to get something out of his pocket. 7th District Court | Smith County, TX The record indicates that the agenda for meetings of the Commissioners Court of Smith County is usually posted on Friday preceding the meeting on Monday, and the agenda is posted on a bulletin board on the first floor of the County Courthouse. Judicial Circuits of the Seventh District. ", In Ray v. Farmers' State Bank of Hart, 576 S.W.2d 607, 609 (Tex. Phone: 903-590-1660. art. 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. Hon. The officers agreed that Lackey was not truthful when she accused Appellant of putting his hand in her pocket. ("FCRA"), and does not supply consumer reports. This case deals only with the re-routing of a short segment of a county road. You will need a lawyer to represent you if you are filing on a fault basis, such as adultery, cruelty, or abandonment, for instance. Smith County District Court. We do not originate, create, or control that information, and we cannot guarantee . 6705 was complied with by the freeholders' application posted as required at least twenty days at the courthouse door and two public places in the vicinity of the route of the road. StateCourts.org is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA), and does not assemble or evaluate information for the purpose of supplying consumer reports. The August 31st order authorized the county judge to execute a deed on behalf of Smith County to Tyler Pipe of such segment. Access to Highway 69 was not impaired; its route was simply altered, and no landowner was denied access to any place that he wished to go before the road was re-routed. Gene Caldwell, Bain, Files, Allen Caldwell, Tyler, for appellees. (Emphasis added. Is any of the above incorrect? 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. County also contends that in cases involving the notice requirements of the Open Meetings Act, such requirements are met when there is substantial compliance. 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." at 311. You must review and accept our Terms of Service and Privacy Policy before using our Landowners by their seventh point contend that the commissioners court was without power or authority to order the "closing" of the segment of Jim Hogg Road because such road was a public road at the time landowners purchased their lands abutting the same, and that the trial court erred in refusing to enjoin Smith County from closing such portion of the road and to enjoin Tyler Pipe from obstructing the same. I respectfully dissent from the opinion of the majority. App. In Ex parte San Migel, 973 S.W.2d 310 (Tex. Surely the Compton and Moore cases are not authority for such a result. On appeal, Appellant complains of legal and factual insufficiency, and a void cumulation order. The effect of the Supreme Court opinion was that the question of compliance with the Open Meetings Act was not before the Court of Appeals in Holloway, but the court then affirmed the judgment. Constitutional County Court; District Courts; Justice of the Peace Courts; Local Rules of Civil Trial; Local Rules of Practice for Family Law; Budget and . On Appeal from the 7th District Court Smith County, Texas Trial Court No. The August 24th order closed a segment of County Road 431. Complaints of discrimination may be filed with the Seventh Administrative Districe Office. Our customer support team works 24/7 and is always ready to help you! OnlineDivorceTexas is not a law company and our services and forms are not a substitute for the advice of an attorney. Services are provided and admissions/referrals are made without regard to race, color, religious creed, ancestry, gender, sexual orientation, disability, age or national origin. 6702-1, Sections 2.001, et seq. App. at 711-712.2 2 The District Court also denied motions to dismiss the complaints on various grounds. Let us know here, 114th District Court100 N Broadway, Rm 2120.0 mile away, 241st District Court100 N Broadway, Rm 2200.0 mile away, 2023 Everything-Bytes | Terms of Use & Privacy Policy. As the officers prepared to search the vehicles, they noticed Lackey in the patrol car making distinct motions, and they became concerned that she was sick. Lookout Mountain Judicial Circuit Website. 97, 292 S.W.2d 324, 328 (1956); Mobil Oil Corp. v. Matagorda County Drainage District, 597 S.W.2d 910, 911-912 (Tex. The Supreme Court on January 30, 1985, decided on Holloway v. County of Matagorda, 686 S.W.2d 101 (Tex. 7th District Court Smith County, Texas State v. Josue Talavera Engaging in Organized Criminal Activity First Degree Felony Drug Conspiracy Reduced to State Jail Felony Deferred Adjudication Money Laundering 114th District Court Smith County, Texas State v. Jon Doe Assault on Peace Officer 402nd District Court Wood County, Texas Smith County, Phone Number: 903-590-1640 In April 2020, Johnson was charged in state court. 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. Also, review of the legal sufficiency of the evidence does not involve any weighing of favorable and non-favorable evidence. [1] Judges Kerry L. Russell See also Texas District Courts Texas courts Federal courts: Van Buren County's District Court, designated as the 7th District Court, has exclusive jurisdiction over the following types of cases: Adult criminal misdemeanor offenses punishable by up to one year imprisonment. Court Type: District Court. In Cameron County Good Government League v. Ramon, 619 S.W.2d 224, 231 (Tex.Civ.App.-Beaumont 1981, writ ref'd n.r.e. 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. Crim. Civil suits involving $25,000 or less. 1st called session, p. 20, 1884 Tex.Gen Laws vol. 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.". What Is the Residency Requirement for A Texas Divorce? Cardenas v. State, 30 S.W.3d 384, 389 (Tex. The judge will review it to decide whether your financial situation is dire enough to grant relief. 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. Crim. 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. . If youre not sure which court youre looking for, learn more about the Texas court system. results. The facts in Compton v. Thacker, were entirely different from the case at bar. We hold that the commissioners court was bound to comply literally with the provisions of Section 3A(h). Barron v. Director, TDCJ 6:2019cv00351 | US District Court for the You may also want to ask about the means of payment they accept and whether their work hours remain the same. Article 6703, TEX.REV.CIV.STAT.ANN. Protection Act of 1994 (DPPA). 6252-17, held, "The law appears settled that the notice provisions of the Texas Open Meetings Act are subject to the substantial compliance rule.". Appellant there filed suit for injunctive and declaratory relief to set aside a resolution of appellee's board of directors authorizing its general manager to enter into a contract for railroad cars, alleging noncompliance with the Texas Open Meetings Act. Upon questioning, Lackey told the officers that Appellant had put his hand in her pocket and was touching her. 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. The request to change trial venue for a Dallas-area man accused of striking and killing Smith County Deputy Lorenzo Bustos while driving intoxicated last July remains up in the air following a . The court address is 100 N Broadway, #204, Tyler TX 75702. 1980). This it did not do. Elaine Lackey, the driver of the truck, appeared to have been crying. 162.243.84.187 Cecil Allan Moore v. The State of Texas Appeal from 7th District Court The McConnell court cited Santos v. Guerra, 570 S.W.2d 437 (Tex.Civ.App.-San Antonio 1978, writ ref'd n.r.e. Crim. The officer concluded that Appellant was intoxicated. 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. 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. Therefore, it would be necessary to find a family law courthouse and submit your paperwork there. Appellant was observed on the videotape moving about in the car. By clicking I Agree you consent to our Terms of Service, agree not to use the information provided by 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. Texas District Courts You're all set! or account registration. DINARIO JONES, APPEAL FROM THE SEVENTH . https://www.smith-county.com/government/elected-officials/district-clerk, 350 McAllister Street Room 1295, San Francisco, CA 94102. The Texas Judicial System, Office of Court Administration (March 2005). There were two shortened straws, commonly used to snort cocaine, in Appellant's vehicle. District Clerk | Smith County, TX Appellant Bennie Saenz was convicted by a jury of possession of cocaine. 713, and that where the "objective sought by the 'notice' provision has been fully attained," the mandate of the statute has been satisfied. 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. More Information County argues that the substantial evidence rule applies here, and that the evidence produced at trial reasonably supports the orders of the commissioners court, and thus the judgment below should not be disturbed. 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. 7th District Court in Tyler, Texas. Recordsfinder.com is not a consumer reporting agency and does not supply consumer reports as those terms are defined This site is protected by reCAPTCHA and the Google, Texas Court of Appeals, Twelfth District Decisions. Texas judicial district 7 - Ballotpedia cocaine. 1975). ), the court applied the substantial compliance rule to the notice requirements of the Open Meetings Act as did that court in Santos v. Guerra, 570 S.W.2d 437, 439 (Tex.Civ.App.-San Antonio 1978, writ ref'd n.r.e.). Hence we have concluded in this case that the trial court's finding that the commissioners court substantially complied with the notice provisions of Section 3A(h) for their meetings of August 24th and August 31, 1981, is immaterial. 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. 263, 269 (1922); Cameron County Good Government League v. Ramon, 619 S.W.2d 224, 230 (Tex.Civ.App. They serve four-year terms, after which they must run for re-election if they wish to continue serving. (Vernon Supp. Such language leaves little, if any, room for application of the rule of substantial compliance. 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. 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. ), The court in Common Cause further said, "We agree that the greater weight of Texas authority holds that only substantial compliance is required. V. JUDICIAL DISTRICT COURT OF . You already receive all suggested Justia Opinion Summary Newsletters. (lad) [Transferred from Texas Western on 7/30/2019.] 2.002, authorize the commissioners court to "alter any road whenever it shall be deemed expedient," or "altered when necessary." PDF No. 12-21-00014-cr in The Court of Appeals Twelfth Court of Appeals 3A(h) of art. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. 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. Phone: 903-590-1660. hbbd```b``"fHF~_L>dXd!s%`6Z@Hz h.FF )+ Petition for Writ of Habeas Corpus as to cause # 007-1153-00 in 7th District Court, Smith County, TX, filed by Stephanie Catherine Barron. Please use information provided by StateCourts.org responsibly. The weight of authority seems to be that substantial compliance with the Open Meetings Act is sufficient. Appellant was charged with possession of a controlled substance, namely cocaine, in an amount of less than one gram. 6252-17, Sec. 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. NO. App. 3A(h) of Article 6252-17, TEX.REV.CIV.STAT.ANN. 12-83-0027-CV. 100 N Broadway, Rm 203, Tyler, TX75702-7236 The "Regular Agenda," item eight, on that notice reads: "Conduct public hearing on closing a portion of the Jim Hogg Road (County Rd. If a candidate was unopposed in the general election, their name will still appear on the general election ballot.[6][8]. Give a copy of the paperwork you filed to your spouse. District Court Administrator: Judge D. Scott Smith Lynn Ansley. State of Texas--Appeal from 7th District Court of Smith County Annotate this Case. 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. 31, 3, 1973 Tex.Gen Laws 47, 48, Acts 1975, 64th Leg. App. 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. .courts-header { font-size:150%;background-color:#334aab;color:white;} 7th District Court in Tyler, TX - Court Information - County-Courthouse.com Click here to contact us for media inquiries, and please donate here to support our continued expansion. Search Home; I Want To. Common Cause v. The Metropolitan Transit Authority, 666 S.W.2d 610, 613 (Tex.App.-Houston [1st Dist.] NO. 2.002 authorize the commissioners court to discontinue or alter public roads. 1909, pp. NO. 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. F21-1455Z . To inquire about the fees, contact the clerk of the district court where you plan to file. 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. In Re: Robert Britt Appeal from 7th District Court of Smith County Such prerogative rests with the legislature. The officers removed Lackey from the patrol car and requested another patrol car to help in transportation. Links for online court records and other free court resources are provided for each court, where available. 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." 1998). 2001). In McConnell v. Alamo Heights ISD, 576 S.W.2d 470, 474 (Tex.Civ.App. Original Petition for Divorce in Smith County, Information on Suit Affecting Family Relationship, Standard or Modified Possession Order if you have children. Otherwise, you will not be considered a resident, and the local court will not review your case. Notable Victories for Erick Platten Attorney At Law We sustain Landowners' seventh point. BENNIE SAENZ, APPEAL FROM THE SEVENTH . 2 Smith County Courthouse Annex 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. To learn more about judicial selection in Texas, click here. 1932, holding approved), we have concluded that the order of the commissioners court closing the segment of the road was void. 1985), popularly known as the Open Meetings Act. 1984, writ ref'd n.r.e. Get a hearing date after a state-mandated 60-day waiting period. In the present case, Appellant has failed to demonstrate or even allege that TDCJ is improperly cumulating his sentences for the two offenses. The package of documents you will need for a Smith County divorce will mainly depend on whether you have children under 18 and whether your spouse will contest the case. 12-00-00378-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS .

Is Nephew Tommy Mother Steve Harvey Sister, Articles OTHER