7th district court smith county

In case you have any questions, please contact us via our email, phone or live chat on the website. 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. App. This review must employ appropriate deference to prevent an appellate court from substituting its judgment for that of the fact finder, and any evaluation should not substantially intrude upon the fact finder's role as the sole judge of the weight and credibility to be given to the testimony of the witnesses. 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 . See Hoitt v. State, 30 S.W.3d 670, 675-76 (Tex. 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. The foregoing cited cases seem to contain the latest expression of the Texas courts on the Open Meetings Act. 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. To advance to the general election, a candidate must win a majority (over 50 percent) of the vote. App. 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. He also completed a J.D. San Antonio 1978, writ ref'd n.r.e. See, e.g., Stokes v. State, 688 S.W.2d 539, 540-41 (Tex. (Vernon Supp. NO. A cumulation order should be sufficiently specific to allow prison officials and the defendant to identify the prior conviction with which the new conviction is cumulated. Accordingly, we overrule Appellant's first issue. The judge will review it to decide whether your financial situation is dire enough to grant relief. 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. The officers removed Lackey from the patrol car and requested another patrol car to help in transportation. 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. Clerk Name: Lois Rogers. Appeal from the 7th District Court, Smith County, Donald Carroll, J. Gene Caldwell, Bain, Files, Allen Caldwell, Tyler, for appellees. Take the final paperwork with you to the court and attend the hearing. You're all set! It would be necessary to either wait or get divorced in the county where you or your spouse live. 31, 3, 1973 Tex.Gen Laws 47, 48, Acts 1975, 64th Leg. 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. App. We sever out those portions of the judgment below denying the declaratory relief sought by Landowners, and here render judgment, declaring the orders of the Smith County Commissioners Court dated August 24, 1981, and August 31, 1981, closing the segment of Jim Hogg Road, and authorizing Honorable Bob H. Hayes, County Judge of Smith County, to execute a deed to Tyler Pipe to be null and void. StateCourts.org cannot confirm that information provided below is accurate or complete. evaluating eligibility for personal credit, insurance, employment, or tenancy. We affirm. Filing for Divorce in Runnels County, Texas, Filing for Divorce in Taylor County, Texas, What Are the Grounds for Filing for Divorce in Texas. 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. Judge Suzanne Smith. 007-0375-18) THIS CAUSE came to be heard on the appellate record and the briefs filed herein, and the same being considered, because it is the opinion of this court that the judgment of the court below should be modified and as modified, affirmed. App. 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. 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 Bennie Saenz was convicted by a jury of possession of cocaine. Officers did not see the bag when they put Appellant in the patrol car. Protection Act of 1994 (DPPA). District 7 is a district court in Smith County. This website is using a security service to protect itself from online attacks. Otherwise, you will not be considered a resident, and the local court will not review your case. Columbiana No. 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. Subsection (h) reads in pertinent part: See Scott v. Graham, 156 Tex. 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. 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) 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. Johnson v. State, 23 S.W.3d 1, 11 (Tex. created or verified by RecordsFinder. We strive to provide accurate information, however, Courtreference.com is not an official source of information for any court or court clerk. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. To serve on the district courts, a judge must be: *While no judge older than 74 may run for office, sitting judges who turn 75 are permitted to continue serving until their term expires. Acts 1973, 63rd Leg. ", In Ray v. Farmers' State Bank of Hart, 576 S.W.2d 607, 609 (Tex. In McConnell v. Alamo Heights ISD, 576 S.W.2d 470, 474 (Tex.Civ.App. See Stelzer v. Huddleston, 526 S.W.2d 710, 713 (Tex.Civ.App.-Tyler 1975, writ dism'd). Following the hearing, the district court dismissed Smith's suit for failure to state a claim upon which relief could be granted. 2001). OnlineDivorceTexas is not a law company and our services and forms are not a substitute for the advice of an attorney. 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. Code Crim. Surely the Compton and Moore cases are not authority for such a result. Johnson v. State, 967 S.W.2d 410, 412 (Tex. 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. 2008 2023 PeopleConnect, Inc. All Rights Reserved. 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. A drug dog was taken around Appellant's car and alerted on the driver's seat. 1996). Crim. App. Complaints of discrimination may be filed with the Seventh Administrative Districe Office. services. art. 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. FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO IN RE: M.G. 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." Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Crim. The Public Access to Court Records (PACER). Give a copy of the paperwork you filed to your spouse. Smith County 7th District Court is located in Smith county in Texas. 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. Also, review of the legal sufficiency of the evidence does not involve any weighing of favorable and non-favorable evidence. We do not originate, create, or control that information, and we cannot guarantee 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). 1985), which provides in part: Articles cited are Texas Revised Civil Statutes Annotated (Vernon) unless otherwise indicated. C-220425 TRIAL NO. Smith County 7th District Court is located in Smith county in Texas. 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. 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. The phone number for Smith County 7th District Court is 903-590-1660 and the fax number is 903-590-1661. on reh'g); Ward v. State, 523 S.W.2d 681, 682 (Tex. If youre not sure which court youre looking for, learn more about the Texas court system. NO. Appellant was placed under arrest and was put in the rear driver's side of the patrol car. You will need a lawyer to represent you if you are filing on a fault basis, such as adultery, cruelty, or abandonment, for instance. 1998). 9, p. 553, repealed by Acts 1983, 68th Leg. 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. Toyah ISD v. Pecos-Barstow ISD, supra. The phone number for Smith County 7th District Court is 903-590-1660 and the fax number is 903-590-1661. 7th District Superior Court Clerks; Georgia Courts; Contact. The officers approached the vehicles, both of which were running. 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. ch. 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. 2.002 authorize the commissioners court to discontinue or alter public roads. 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.). To inquire about the fees, contact the clerk of the district court where you plan to file. 2000). We need not address Landowner's points 1, 2, 3, 4 and 6 and decline to do so. 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. By clicking I Agree you consent to our Terms of Service, agree not to use the information provided by ch. Article 6703, TEX.REV.CIV.STAT.ANN. 6252-17 Section 3A(h) (Vernon Supp. No. 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. Hon. Visit our Links Page for websites providing Employment Listings, as well as US Government holiday closings. 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. In support of their argument on the law, Landowners cite, among other cases, Compton v. Thacker, 474 S.W.2d 570 (Tex.Civ.App.-Dallas 1971, writ ref'd n.r.e.). 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. More Information COLLEY, Justice. 42.08(a) (Vernon Supp. 1909, pp. A freeholders' petition to close a portion of Jim Hogg road dated August 3, 1981, and signed by some 39 persons was filed with the County Clerk and it was presented to the Commissioners Court. The undisputed evidence before us reflects that the Smith County Courthouse is closed on Saturdays and Sundays. 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 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. 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. 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. We cannot guarantee that the information you receive through Crim. at Texas Tech University School of Law in 1983. 12-00-00378-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS . I would hold that the posting of the notice for 72 hours before the meeting of the Commissioners Court of Smith County, together with the freeholders' petition which was posted for twenty-one days in three public places, two in the vicinity of the road to be closed, was substantial compliance with the Open Meetings Act and not against the great weight and preponderance of the evidence. The information obtained from our searches is not to be used for any unlawful purposes. Services are provided and admissions/referrals are made without regard to race, color, religious creed, ancestry, gender, sexual orientation, disability, age or national origin. 6703 and the new article 6702-1, sec. 100 N Broadway, Rm 203, Tyler, TX75702-7236 Crim. 1st called session, p. 20, 1884 Tex.Gen Laws vol. https://www.smith-county.com/government/elected-officials/district-clerk, 350 McAllister Street Room 1295, San Francisco, CA 94102. 31 3, 1973 Tex.Gen Laws 47, 48, amended by Acts 1975, 64th Leg. Cloudflare Ray ID: 7c09b5166aa242e4 A lawyer for a few thousand dollars or our service for only $139! 1975). endstream endobj 184 0 obj <. Court Type: District Court. The rear seat was removed and a bag of marijuana was found where Lackey had been sitting. 1985) were not posted in substantial or literal compliance therewith. 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. 6702-1, Sections 2.001, et seq. One of the officers testified that the straws were significant because they were often used to snort cocaine. . On appeal, Appellant complains of legal and factual insufficiency, and a void cumulation order. Phone: 903-590-1660. 208 0 obj <>stream (Emphasis added. There were two shortened straws, commonly used to snort cocaine, in Appellant's vehicle. 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. Get free summaries of new Texas Court of Appeals, Twelfth District opinions delivered to your inbox! There is legally sufficient evidence to support the verdict that Appellant was in possession of the cocaine. 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. Texas Statutory Probate Courts Deciding where to file for divorce in Smith County, you need to understand that not all courts review marriage dissolution cases. 1996). ch. App. About Smith County ADA Directory Employment. hbbd```b``"fHF~_L>dXd!s%`6Z@Hz h.FF )+ App. 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 use information provided by StateCourts.org responsibly. .. (Emphasis added.) 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. (Supp. 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. If you cannot afford to pay the fees, you may request relief from court by filing a Statement form. APPELLANT . of NAACP v. This Texas-related article is a sprout; we plan on making it grow in the future. 0 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. .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 The court address is 100 N Broadway, #204, Tyler TX 75702. The court address is 100 N Broadway, #204, Tyler TX 75702. No legal advice is offered here and this site is not an alternative to competent legal counsel. RecordsFinder searches is accurate or up to date. The pertinent language of Subsection (h) confronting this court in Stelzer was, "Notice of a meeting must be posted for at least 72 hours preceding the day of the meeting. We hold that after a neutral review of all the evidence, both for and against the finding, the proof of guilt is not so obviously weak as to undermine confidence in the jury's determination, and neither is the proof of guilt greatly outweighed by contrary proof. 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. Tex. Even if the trial court's judgment is deficient, Appellant has failed to show that he was harmed by the error. Banks v. State, 708 S.W.2d 460, 461 (Tex. 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. The Smith County clerk filing fees are around $300. There might be other court fees, such as those for making copies or serving your spouse, if you need it. Texas Revised Civil Statutes art. 288 1, 1983 Tex.Gen Laws 1431, 1433. Constitutional County Court; District Courts; Justice of the Peace Courts; Local Rules of Civil Trial; Local Rules of Practice for Family Law; Budget and . . The information found in RecordsFinder search results originates from public sources, and is not A Birth Certificate; A Death Certificate; A Marriage License . 1932, holding approved), we have concluded that the order of the commissioners court closing the segment of the road was void. Texas Court of Appeals 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." 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. Id. ), the court, by way of dictum, stated that literal, not substantial, compliance with the notice requirements of Section 3A(h) was necessary. 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. 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. 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. 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. Click here to contact our editorial staff, and click here to report an error. Please note that OnlineDivorceTexas is a self-help service. [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. App. Find and fill out forms relevant to your case. You can email the site owner to let them know you were blocked. 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. Civil infractions or traffic violations. 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 a candidate was unopposed in the general election, their name will still appear on the general election ballot.[6][8]. Upon questioning, Lackey told the officers that Appellant had put his hand in her pocket and was touching her. Court Name: 7th District Court. Consequently, we overrule issue two. There was no dispute that the notice was posted at least 72 hours preceding the scheduled time 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." Crim. Conducting a search on Recordsfinder.com is subject to our. 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 Court is held at Smith County Courthouse, 100 N Broadway.

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