The facts in Compton v. Thacker, were entirely different from the case at bar. Moore v. Commissioners Court, supra, at 121. There are two main requirements that either you or your spouse should meet: As long as any of you meets both of these requirements, you may divorce in Smith County. App. Appellant was in the other vehicle. 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. App. A videotape was introduced and narrated by the officer. Crim. Holloway v. County of Matagorda, 667 S.W.2d 324, 329 (Tex.App.-Corpus Christi 1984), was a condemnation case in which appellants claimed that the condemnation proceeding was voidable "because of the failure of the County's posted notice to meet the time and content requirements of the Open Meetings Act." 193, 247 S.W. APPELLANT . In McConnell v. Alamo Heights Independent School District, 576 S.W.2d 470, 474 (Tex.Civ.App.-San Antonio 1978, writ ref'd n.r.e. 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. 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. County also contends that in cases involving the notice requirements of the Open Meetings Act, such requirements are met when there is substantial compliance. There were two shortened straws, commonly used to snort cocaine, in Appellant's vehicle. My brethren have held that the order of the commissioners court discontinuing the segment of the road was void. Judicial and Law Enforcement Center 111 E 11th St. Lawrence, KS 66044-2966 Phone: 785-832-5256 Fax: 785-832-5174 Clerk of the District Court: Douglas Hamilton. Acts 1973, 63rd Leg. at 311. 01 CO 3, 2002-Ohio-5035, 48 (On appeal, . This it did not do. 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. Local Rules of Civil Trial | Smith County, TX Both Stelzer and Lipscomb are inapposite here because the language of Subsection (h) was drastically changed by the 1975 amendments. dism'd, 65 S.W.3d 59 (Tex. 1951), only the cause number and the county in which the conviction occurred are included in the judgment. This website is using a security service to protect itself from online attacks. Accordingly, we overrule Appellant's third issue. Civil infractions or traffic violations. En Espanol. 1998). 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. See, e.g., Stokes v. State, 688 S.W.2d 539, 540-41 (Tex. US 7th Circuit Opinions and Cases | FindLaw Appellant was placed under arrest and was put in the rear driver's side of the patrol car. 1998), the Texas Court of Criminal Appeals required that a habeas applicant demonstrate that he was harmed by a deficiency in the cumulation order. United States v. Johnson, No. 21-2417 (7th Cir. 2023) :: Justia 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 . Court Name: 7th District Court. This Texas-related article is a sprout; we plan on making it grow in the future. 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. 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. If any of these apply to you, contact the court to verify they observe the exemption. 1st called session, p. 20, 1884 Tex.Gen Laws vol. APPELLANT . Original Petition for Divorce in Smith County, Information on Suit Affecting Family Relationship, Standard or Modified Possession Order if you have children. Appellants contend in their first point that the trial court's finding that the Smith County Commissioners Court substantially complied with the Open Meetings Law is against the great weight and preponderance of the evidence because the evidence demonstrates that the Commissioners Court failed to post the agenda for their meetings of August 24 and August 31, 1981, in a place readily accessible to the general public at all times for at least 72 hours preceding the scheduled meeting. In April 2020, Johnson was charged in state court. Visit Site . Judge Suzanne Smith. 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 August 31st order authorized the county judge to execute a deed on behalf of Smith County to Tyler Pipe of such segment. 1972). 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). 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. The weight of authority seems to be that substantial compliance with the Open Meetings Act is sufficient. art. *Not location specific. In Stelzer v. Huddleston, supra, Judge Moore, writing for this Court, stated that the provisions of former Subsection 3A(h) of art. The trial court granted the appellee's motion for summary judgment. Williams v. State, 675 S.W.2d 754, 763 (Tex. Alex Dalton Ingram v. The State of TexasAppeal from 7th District Court District Court Judge: District 7 Judge Fowler, Bettendorf, was appointed to the district court bench in July of 2018. A . 263, 269 (1922); Cameron County Good Government League v. Ramon, 619 S.W.2d 224, 230 (Tex.Civ.App. 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 evidence was that she had pulled out her own pocket and had secreted the marijuana. App. The officer testified that he found the cocaine under Appellant's "butt.". Appellant Bennie Saenz was convicted by a jury of possession of cocaine. Our customer support team works 24/7 and is always ready to help you! 2000). Bennie Saenz v. State of Texas--Appeal from 7th District Court of Smith County Directory | Smith County, TX ch. Crim. any information gathered through Recordsfinder.com for any purpose under the FCRA, including but not limited to Landowners sought relief under the Uniform Declaratory Judgment Act and Texas Revised Civil Statutes, art. . Surely the Compton and Moore cases are not authority for such a result. 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. When the second patrol car arrived, Appellant was removed from the vehicle. 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. In issue two, Appellant contends that the evidence is factually insufficient to support the verdict. 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 162.243.84.187 Hereinafter referred to as the Open Meetings Act. NO. Smith County Courthouse 100 N. Broadway, Room 203 Tyler, TX 75702 Phone: (903) 590-1640 Fax: (903) 590-1641 Dockets NOTE: Public access to Court calendars can be viewed at: Judicial Search Court Calendar 2023 Civil Trial Week Schedule 2023 Tax Trial Docket Smith County Local Rules of Civil Trial Forms Request for Media Coverage 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. App. 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. We summarize the facts giving rise to this dispute. Johnson v. State, 967 S.W.2d 410, 412 (Tex. at 711-712.2 2 The District Court also denied motions to dismiss the complaints on various grounds. We need not address Landowner's points 1, 2, 3, 4 and 6 and decline to do so. The phone number for Smith County 7th District Court is 903-590-1660 and the fax number is 903-590-1661. 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. Banks v. State, 708 S.W.2d 460, 461 (Tex. 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. 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. She told them that she had a light out and that the other car was following her home. Clerk Name: Lois Rogers. https://www.smith-county.com/government/elected-officials/district-clerk, 350 McAllister Street Room 1295, San Francisco, CA 94102. To learn more about judicial selection in Texas, click here. The Moore case was also a case involving the closing of a road. from Texas Tech University in 1980. 2d 560 (1979); Margraves v. State, 34 S.W.3d 912, 917 (Tex. 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 Kotter, 541 F.3d 688, 696-97 (7th Cir.2008); Hudson v. McHugh, 148 F.3d 859, 864 (7th Cir . . His speedy trial requests were complicated by the COVID-19 pandemic and the state's adjournment of jury trials. 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. ), 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.). Filing for Divorce in Runnels County, Texas, Filing for Divorce in Taylor County, Texas, What Are the Grounds for Filing for Divorce in Texas. Also, review of the legal sufficiency of the evidence does not involve any weighing of favorable and non-favorable evidence. Ask that your spouse signs the Answer or Waiver and a Decree. 7th District Court in Tyler, Texas. 1996). 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. I would affirm the judgment of the trial court. Judge Kerry L. Russell | Trellis On August 3, 1981, the commissioners court, in special session, voted unanimously to conduct a public hearing on such petition at 10:00 a.m. on Monday, August 24, 1981. How Much Does a Divorce Lawyer Cost in Texas? App. 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. The search you are about to conduct on this website is a people search to find initial results of the search subject. 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. 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. Neither Compton v. Thacker, nor the Moore case are applicable to the facts presented here. 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. 1986); Ward, 523 S.W.2d at 682; Phillips v. State, 488 S.W.2d 97, 99 (Tex. 2000). He spoke with police in a recorded proffer session on the condition that it be inadmissible except for purposes of impeachment. 1985), which provides in part: Articles cited are Texas Revised Civil Statutes Annotated (Vernon) unless otherwise indicated. The "Regular Agenda," item eight, on that notice reads: "Conduct public hearing on closing a portion of the Jim Hogg Road (County Rd. 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. 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. Your use of RecordsFinder is conditioned on your StateCourts.org is not a consumer reporting agency under the Fair Credit Reporting Act MiCOURT Case Search - Michigan Williams v. Castleman, 112 Tex. The Public Access to Court Records (PACER). There is no evidence of lack of access nor of hardship by any landowner or traveler. . 393-395 of the Deed Records of Smith County, Texas. (Vernon 1960), provided (until repealed, effective September 1, 1983): All articles cited are Texas Revised Civil Statutes unless otherwise noted. The petition was dated August 3, 1981, and bore the signatures of thirty-nine individuals at the time it was posted in apparent conformity with the requirements of former art. Smith County, Phone Number: 903-590-1640 [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. F21-1455Z . Such prerogative rests with the legislature. Phone: 903-590-1660. A Birth Certificate; A Death Certificate; A Marriage License . Article 6703 and the new article 6702-1, Sec. V. JUDICIAL DISTRICT COURT OF . 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. 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. Crim. 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). 6252-17, Sec. The foregoing cited cases seem to contain the latest expression of the Texas courts on the Open Meetings Act. ch. We hold that the commissioners court was bound to comply literally with the provisions of Section 3A(h). Texas judicial district 7 - Ballotpedia ", In Ray v. Farmers' State Bank of Hart, 576 S.W.2d 607, 609 (Tex. [1], .courts-container { background-color:#fcfcfc; width:100%; border:1px solid black;padding:5px;text-align:center;clear:both; } Smith County 7th District Court Case Search - RecordsFinder 12-83-0027-CV. Panel consisted of Worthen, J., and Griffith, J. Texas County Courts Your IP: Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Texas Revised Civil Statutes art. [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." Crim. Civil suits involving $25,000 or less. COLLEY, Justice. Give a copy of the paperwork you filed to your spouse. "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." Is any of the above incorrect? Columbiana No. 7th District Court in Tyler, TX - Court Information - County-Courthouse.com ch. OHIO FIRST DISTRICT COURT OF APPEALS 15 {52} In place of actual evidence, JFS invited the inference that, . After Appellant was placed in the patrol car, he began making similar movements as those made by Lackey. 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. 1979), Judge Pope wrote, "The judgment of a trial court will not be set aside if there is any evidence of a probative nature to support it, and a court of civil appeals cannot substitute its findings of fact for those of the trial court if there is any evidence in the record to sustain the trial court's findings.". 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. There was no dispute that the notice was posted at least 72 hours preceding the scheduled time of the meeting. Cecil Allan Moore v. The State of Texas Appeal from 7th District Court Filing for Divorce in Smith County, Texas The tape showed Lackey making a number of movements in the car while the officers were still talking with Appellant. Links to District Court Electronic Case Files. Tex. 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.