See Hoitt v. State, 30 S.W.3d 670, 675-76 (Tex. ), and Moore v. Commissioners Court of McCulloch County, 239 S.W.2d 119 (Tex.Civ.App.-Austin 1951, writ ref'd). Use tab to navigate through the menu items. endstream endobj startxref THE STATE OF TEXAS, APPELLEE *Please call to verify. App. Judge Suzanne Smith. Petition for Writ of Habeas Corpus as to cause # 007-1153-00 in 7th District Court, Smith County, TX, filed by Stephanie Catherine Barron. More Information apply. You may be shocked by the information found in your ("FCRA"), and does not supply consumer reports. 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." Finally, the District Court found that Respondents had demonstrated a strong likelihood of irreparable injury and substantial harm to the public interest, and therefore granted the requested injunctions. To advance to the general election, a candidate must win a majority (over 50 percent) of the vote. 1985), popularly known as the Open Meetings Act. Common Cause v. The Metropolitan Transit Authority, 666 S.W.2d 610, 613 (Tex.App.-Houston [1st Dist.] The standard is the same in both direct and circumstantial evidence cases. You may also want to ask about the means of payment they accept and whether their work hours remain the same. Crim. 162.243.84.187 According to the state courts website, the presiding judge may be a "regular elected or retired district judge, a former judge with at least 12 years of service as a district judge, or a retired appellate judge with judicial experience on a district court."[4]. 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. A videotape was introduced and narrated by the officer. Crim. Crim. ), the court, in an opinion written after the effective date of the 1975 amendment of Sec. If there is a chance you can come to an agreement or you have already reached it, here are some of the Smith County divorce papers you may need: Note that the forms you require will vary depending on what you would want a court to do and the family circumstances. 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. 201 0 obj <>/Filter/FlateDecode/ID[<879144A5D11E954D810B1A0C214E2285>]/Index[183 26]/Info 182 0 R/Length 93/Prev 226509/Root 184 0 R/Size 209/Type/XRef/W[1 3 1]>>stream Appellant Bennie Saenz was convicted by a jury of possession of cocaine. 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. BENNIE SAENZ, APPEAL FROM THE SEVENTH . 01 CO 3, 2002-Ohio-5035, 48 (On appeal, . 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. APPELLANT . ." One of the officers detected the odor of alcohol on Appellant, so he conducted sobriety tests. 393-395 of the Deed Records of Smith County, Texas. 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 Birth Certificate; A Death Certificate; A Marriage License . En Espanol. [1], .courts-container { background-color:#fcfcfc; width:100%; border:1px solid black;padding:5px;text-align:center;clear:both; } 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. The officers searched Appellant's car and found shortened straws. Fax: 903-590-1661. Who can help fill out divorce papers? 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. 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. 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. 2.002 authorize the commissioners court to discontinue or alter public roads. Columbiana No. Recordsfinder.com is not a consumer reporting agency and does not supply consumer reports as those terms are defined Judge Name: Judge Kerry L. Russell. Crim. 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. The weight of authority seems to be that substantial compliance with the Open Meetings Act is sufficient. To inquire about the fees, contact the clerk of the district court where you plan to file. A drug dog was taken around Appellant's car and alerted on the driver's seat. ch. Following the hearing, the district court dismissed Smith's suit for failure to state a claim upon which relief could be granted. Such prerogative rests with the legislature. 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. 6252-17, Sec. 1932, holding approved), we have concluded that the order of the commissioners court closing the segment of the road was void. The phone number for Smith County 7th District Court is 903-590-1660 and the fax number is 903-590-1661. . 2524-1 (Vernon 1965). 208 0 obj <>stream This it did not do. ", In Ray v. Farmers' State Bank of Hart, 576 S.W.2d 607, 609 (Tex. You're all set! Tex. 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. 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 There is no evidence of lack of access nor of hardship by any landowner or traveler. 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). On Appeal from the 7th District Court Smith County, Texas Trial Court No. Appellant was removed from the patrol car and was found to have been sitting on a bag of. (lad) [Transferred from Texas Western on 7/30/2019.] 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. We sustain Landowners' seventh point. 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. StateCourts.org cannot confirm that information provided below is accurate or complete. File the Decree with a clerk after the judge signs it. 1985), which provides in part: Articles cited are Texas Revised Civil Statutes Annotated (Vernon) unless otherwise indicated. 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." There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. 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. Your use of RecordsFinder is conditioned on your Crim. ), a prior case by that court, holding that the substantial compliance rule was applicable to meeting the requirements of the Open Meetings Act. ch. App. Please use information provided by StateCourts.org responsibly. By clicking I Agree you consent to our Terms of Service, agree not to use the information provided by Email: [emailprotected] Pay the filing fee and take the copies of the documents. Acts 1969, 61st Leg. 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. 7th District Superior Court Clerks; Georgia Courts; Contact. The judge will review it to decide whether your financial situation is dire enough to grant relief. DINARIO JONES, APPEAL FROM THE SEVENTH . 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 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. Take the final paperwork with you to the court and attend the hearing. The question of whether conduct of a governmental body constitutes substantial compliance with such notice provisions is a mixed question of law and fact and must be determined on a case-by-case analysis of the language of the statute and the evidence before the court. 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). See Stelzer v. Huddleston, 526 S.W.2d 710, 713 (Tex.Civ.App.-Tyler 1975, writ dism'd). Court Name: 7th District Court. Elaine Lackey, the driver of the truck, appeared to have been crying. 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. 2000). ORDER Cecil Allan Moore has appealed from the trial court's order of final adjudication of guilt for the offense of indecency with a child by sexual contact and the resulting fifteen-year sentence. If youre not sure which court youre looking for, learn more about the Texas court system. As the rates are susceptible to change and vary across the state and counties, it might be worth knowing the exact sum before bringing your case to court. The trial court granted the appellee's motion for summary judgment. Searches of license plate and VIN information are available only for purposes authorized by the Drivers Privacy The McConnell court cited Santos v. Guerra, 570 S.W.2d 437 (Tex.Civ.App.-San Antonio 1978, writ ref'd n.r.e. The Smith County District Clerk and the Smith County Court Clerk shall make the Local Smith County Rules of Civil Trial available, upon request, for review to citizens and members of the bar. You understand that by clicking "I Agree," StateCourts.org will conduct only a preliminary people search of the information you provide and that a search of any records will only be conducted and made available after you register for an account or purchase a report. The District Clerk is the Administrator of the Smith County Jury System. Banks v. State, 708 S.W.2d 460, 461 (Tex. 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. The officer observed a plastic bag, containing a white powdery substance, where Appellant had been sitting. 97, 292 S.W.2d 324, 328 (1956); Mobil Oil Corp. v. Matagorda County Drainage District, 597 S.W.2d 910, 911-912 (Tex. .. (Emphasis added.) 1st called session, p. 20, 1884 Tex.Gen Laws vol. A . Smith County 7th District Court is located in Smith county in Texas. The information on this website is taken from records made available by state and local law enforcement departments, below is accurate or complete. Officers did not see the bag when they put Appellant in the patrol car. The statutes, both art. She told them that she had a light out and that the other car was following her home. Cardenas v. State, 30 S.W.3d 384, 389 (Tex. Tenn. State Conf. The notice requirement of article 6252-17, section 3A(a) is to be strictly construed. Hours: Monday-Friday 8:00 AM - 5:00 PM. Before his December 9 . 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 12-00-00378-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS . Hon. 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.). 1985) (order contained only the cause number and the court of the prior conviction); Ex parte Shields, 371 S.W.2d 395, 395 (Tex. 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. In the present case, Appellant has failed to demonstrate or even allege that TDCJ is improperly cumulating his sentences for the two offenses. Give a copy of the paperwork you filed to your spouse. 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. 6252-17 Section 3A(h) (Vernon Supp. Signing the forms right after you are done filling them in might not be the best option. About Smith County ADA Directory Employment. I disagree. 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