Use tab to navigate through the menu items. 367 1, 1975 Tex.Gen Laws 968 (present wording). Phone: 903-590-1660. Banks v. State, 708 S.W.2d 460, 461 (Tex. https://www.smith-county.com/government/elected-officials/district-clerk, 350 McAllister Street Room 1295, San Francisco, CA 94102. I disagree. Texas District Courts At the time of this offense, Appellant was on parole for a murder he committed in 1984. 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. 1985) (order contained only the cause number and the court of the prior conviction); Ex parte Shields, 371 S.W.2d 395, 395 (Tex. Complaints of discrimination may be filed with the Seventh Administrative Districe Office. 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. 12-00-00378-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS . 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. 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. In Ex parte San Migel, 973 S.W.2d 310 (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. 1975). We provide access to self-guided and computer-aided software that can be used to get your divorce forms filled out. endstream endobj startxref We affirm. Appellant was charged with possession of a controlled substance, namely cocaine, in an amount of less than one gram. The Smith County clerk filing fees are around $300. 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 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.". District Court Judges + 7th District Court; 114th District Court; 241st District Court; 321st District Court; 475th District Court; District Attorney + Civil Division; Hot Checks; . 2524-1 (Vernon 1965). 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. The rear seat was removed and a bag of marijuana was found where Lackey had been sitting. We sustain Landowners' seventh point. In the case of Parkey v. Archer County, 61 S.W.2d 175, 179 (Tex.Civ.App.-Fort Worth 1933, writ ref'd), the court said: The majority relies upon Compton v. Thacker, 474 S.W.2d 570 (Tex.Civ.App.-Dallas 1971, writ ref'd n.r.e. 12-01-00135-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS . 31, 3, 1973 Tex.Gen Laws 47, 48, Acts 1975, 64th Leg. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. 193, 247 S.W. (Vernon 1960), provided (until repealed, effective September 1, 1983): All articles cited are Texas Revised Civil Statutes unless otherwise noted. The language of Subsection (h) is concise, specific and unambiguous. There were two shortened straws, commonly used to snort cocaine, in Appellant's vehicle. Cherokee Circuit . 6252-17, held, "The law appears settled that the notice provisions of the Texas Open Meetings Act are subject to the substantial compliance rule.". You will need a lawyer to represent you if you are filing on a fault basis, such as adultery, cruelty, or abandonment, for instance. P rint 2023 Smith County Holiday Schedule; Holiday Date; New Years (Observed) Mon, Jan 2 . 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. District Court Judge: District 7 Judge Fowler, Bettendorf, was appointed to the district court bench in July of 2018. 2d 560 (1979); Margraves v. State, 34 S.W.3d 912, 917 (Tex. [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. at Texas Tech University School of Law in 1983. 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. The information found in RecordsFinder search results originates from public sources, and is not App. Crim. created or verified by RecordsFinder. Links for online court records and other free court resources are provided for each court, where available. on reh'g); Ward v. State, 523 S.W.2d 681, 682 (Tex. None of the information offered by this site can be used for assessing or evaluating a person's eligibility for employment, housing, insurance, credit, or for any other purpose covered under the Fair Credit Reporting Act. 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. 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. 3A(h) of Article 6252-17, TEX.REV.CIV.STAT.ANN. Crim. hb``` cb070p: e4XiRgGa,d94(T$-[G@Li b3cxp1=c"$u qS;KW50Heqsd8MpK00Lp ?Z/ The court held that the applicant must show that the TDCJ is improperly cumulating the sentences in order for the cumulation order to be void. We do not originate, create, or control that information, and we cannot guarantee A . App. Petition for Writ of Habeas Corpus as to cause # 007-1153-00 in 7th District Court, Smith County, TX, filed by Stephanie Catherine Barron. [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. 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.). 1985), popularly known as the Open Meetings Act. If you cannot afford to pay the fees, you may request relief from court by filing a Statement form. Original Petition for Divorce in Smith County, Information on Suit Affecting Family Relationship, Standard or Modified Possession Order if you have children. The court first pointed out that Smith had named only Knox County Jail as defendant, and he could not sue a building. ), the court, in an opinion written after the effective date of the 1975 amendment of Sec. Douglas County District Court. 6252-17 Section 3A(h) (Vernon Supp. 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." Qualifications Ann. File the Decree with a clerk after the judge signs it. ), The court in Common Cause further said, "We agree that the greater weight of Texas authority holds that only substantial compliance is required. 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. Panel consisted of Worthen, J., and Griffith, J. ), and Moore v. Commissioners Court of McCulloch County, 239 S.W.2d 119 (Tex.Civ.App.-Austin 1951, writ ref'd). 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. In the present case, the trial court stated in the judgment that the case was "to run consecutive with Cause Number 3382 out of Kleberg County." That court so held in the face of evidence that all entrances to the courthouse were locked between 5:00 and 6:00 p.m. on May 22, and remained locked Saturday and Sunday the 23rd and 24th days of May. The marijuana was found on Lackey's side of the car, while the cocaine was found on Appellant's side of the car. Smith County District Court. However, these requirements are not absolute, and cumulation orders containing less information have been held valid. 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. 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. 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. COLLEY, Justice. App. Note: All non-emergency offices are closed during Smith County holiday.