431) adjoining part of Tyler Pipe Foundry Property [sic]." 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. (lad) [Transferred from Texas Western on 7/30/2019.] You must review and accept our Terms of Service and Privacy Policy before using our 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. results. In his first issue, Appellant complains that the evidence is not legally sufficient to support the verdict. Qualifications The weight of authority seems to be that substantial compliance with the Open Meetings Act is sufficient. 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 youre not sure which court youre looking for, learn more about the Texas court system. 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. Such language leaves little, if any, room for application of the rule of substantial compliance. 31, 3, 1973 Tex.Gen Laws 47, 48, Acts 1975, 64th Leg. Fax: 903-590-1661. Who can help fill out divorce papers? 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. Searches of license plate and VIN information are available only for purposes authorized by the Drivers Privacy 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 officers removed Lackey from the patrol car and requested another patrol car to help in transportation. In April 2020, Johnson was charged in state court. at Texas Tech University School of Law in 1983. The record shows that Whitehouse police officers were on patrol when they observed two cars in the parking lot of a closed business. 208 0 obj
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We strive to provide accurate information, however, Courtreference.com is not an official source of information for any court or court clerk. Land contract forfeitures. District 7 is a district court in Smith County. 1986); Ward, 523 S.W.2d at 682; Phillips v. State, 488 S.W.2d 97, 99 (Tex. 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." ch.
7th District Court | Smith County, TX 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). Here is a divorce court in Smith County that you may bring your case to: Divorce Courts in Smith County, Texas. (Emphasis added.). 01 CO 3, 2002-Ohio-5035, 48 (On appeal, . Under the record I find no merit in appellants' point seven. 2000). [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. The bag had not been in the car when the officers began their patrol. There is no evidence of lack of access nor of hardship by any landowner or traveler. *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office.
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. The action you just performed triggered the security solution. ), a prior case by that court, holding that the substantial compliance rule was applicable to meeting the requirements of the Open Meetings Act. dism'd, 65 S.W.3d 59 (Tex. 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. District Court Judges + 7th District Court; 114th District Court; 241st District Court; 321st District Court; 475th District Court; District Attorney + Civil Division; Hot Checks; . 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 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. See Stelzer v. Huddleston, 526 S.W.2d 710, 713 (Tex.Civ.App.-Tyler 1975, writ dism'd). search reports. 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. 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. We summarize the facts giving rise to this dispute. 7th District Superior Court Clerks; Georgia Courts; Contact. The notice requirement of article 6252-17, section 3A(a) is to be strictly construed. 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. App. 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. 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.". 3A(h). 1985). This Texas-related article is a sprout; we plan on making it grow in the future. 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. See Hoitt v. State, 30 S.W.3d 670, 675-76 (Tex. Texas Court of Criminal Appeals of NAACP v. Crim. We reverse and render in part, and reverse and remand with instructions in part. Consequently, we overrule issue two. 2.002 authorize the commissioners court to discontinue or alter public roads. Click here to contact our editorial staff, and click here to report an error. . ch. THE STATE OF TEXAS, APPELLEE No. We hold that the commissioners court was bound to comply literally with the provisions of Section 3A(h). 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. When the second patrol car arrived, Appellant was removed from the vehicle. App. Upon questioning, Lackey told the officers that Appellant had put his hand in her pocket and was touching her. App. Texas Statutory Probate Courts 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. 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. Burden v. State, 55 S.W.3d 608, 613 (Tex. The August 31st order authorized the county judge to execute a deed on behalf of Smith County to Tyler Pipe of such segment. 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. 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. %%EOF
Crim. The facts in Compton v. Thacker, were entirely different from the case at bar. 7th District Court 114th District Court 241st District Court 321st District Court 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." endstream
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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. Crim. ), 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.). The court address is 100 N Broadway, #204, Tyler TX 75702. Local Smith County Rules of Civil Trial - Judicial District Courts and County Courts at Law - Smith County, Texas. The officers searched Appellant's car and found shortened straws. 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. Russell received a B.A. 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. Such prerogative rests with the legislature.
Bennie Saenz v. State of Texas--Appeal from 7th District Court of Smith on reh'g); Ward v. State, 523 S.W.2d 681, 682 (Tex. COLLEY, Justice. . Johnson v. State, 967 S.W.2d 410, 412 (Tex. 1985) were not posted in substantial or literal compliance therewith. The corrected partial minutes of the August 31st meeting reflect that by unanimous vote, the commissioners court authorized the county judge to execute a "quit-claim deed" to Tyler Pipe covering that portion of County Road 431 closed by order of the commissioners court on August 24, 1981. State of Texas--Appeal from 7th District Court of Smith County Annotate this Case. Johnson v. State, 23 S.W.3d 1, 11 (Tex.
US 7th Circuit Opinions and Cases | FindLaw Signing the forms right after you are done filling them in might not be the best option. Accordingly, we overrule Appellant's third issue.
United States v. Johnson, No. 21-2417 (7th Cir. 2023) :: Justia 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. Search Home; I Want To. Court Address: 100 N. Broadway, Room 203, Tyler, Texas 75702. 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 The officer concluded that Appellant was intoxicated. 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. 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.". 8 Smith County Court at Law No. 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. 12-01-00135-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS . District 7 is a district court in Smith County. An appellate court should consider all the evidence regardless of its admissibility. The marijuana was found on Lackey's side of the car, while the cocaine was found on Appellant's side of the car. George Thornton, Joe Davenport and Glenn Ellerd, plaintiffs/appellants (Landowners), appeal from a take-nothing judgment . Complaints of discrimination may be filed with the Seventh Administrative Districe Office. 393-395 of the Deed Records of Smith County, Texas. We sustain Landowners' fifth point.
Judge Kerry L. Russell | Trellis 193, 247 S.W. Accordingly, we overrule Appellant's first issue. To learn more about judicial selection in Texas, click here. Your use of RecordsFinder is conditioned on your The court address is 100 N Broadway, #204, Tyler TX 75702. The difficulty in applying such rule here is obvious. 1975).
District 7 Judges and Magistrates | Iowa Judicial Branch No property right of appellants has been taken or denied.
Item 6 of the "Regular Agenda" for the August 31, 1981, session read: "Authorize County Judge to execute a Deed [sic] to Tyler Pipe Industries, transferring Smith County's interest in the portion of County Road 431 that was closed by the Commissioners Court on August 24, 1981."
County Directory | Smith County, TX Texas Court of Appeals 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. Smith County 7th District Court is located in Smith county in Texas. This website is using a security service to protect itself from online attacks. 6252-17 Section 3A(h) (Vernon Supp. Protection Act of 1994 (DPPA). BENNIE SAENZ, APPEAL FROM THE SEVENTH . The trial court has discretion to stack sentences for two different offenses. Website: http://www.smith-county.com/. In issue two, Appellant contends that the evidence is factually insufficient to support the verdict. We cannot guarantee that the information you receive through 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. .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 May 9, 1985.
The officer noted that Lackey never moved over to the driver's side, where Appellant would eventually be placed. Appellant was in the other vehicle. The officers agreed that Lackey was not truthful when she accused Appellant of putting his hand in her pocket. Smith County District Court. Appeal from the 7th District Court, Smith County, Donald Carroll, J. Allan Jackson, Tyler, for appellants. The language of Subsection (h) is concise, specific and unambiguous. 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. You may also want to ask about the means of payment they accept and whether their work hours remain the same. 1980). Also, review of the legal sufficiency of the evidence does not involve any weighing of favorable and non-favorable evidence. review and acceptance of our, https://recordsfinder.com/court/courthouses/tx/smith/tyler/smith-county-7th-district-court, https://www.smith-county.com/Government/ElectedOfficials/DistrictClerk/Default.aspx. Pass a 1-minute check to see if you can get cheap help with your uncontested divorce in Smith County. You will need a lawyer to represent you if you are filing on a fault basis, such as adultery, cruelty, or abandonment, for instance. 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. If any of these apply to you, contact the court to verify they observe the exemption. The judge will review it to decide whether your financial situation is dire enough to grant relief. Co., 50 S.W.2d 268, 273 (Tex.Comm'n App. Use tab to navigate through the menu items. DINARIO JONES, APPEAL FROM THE SEVENTH . 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." After Appellant was placed in the patrol car, he began making similar movements as those made by Lackey. StateCourts.org uses public and private sources of information to supply you with search The Supreme Court on January 30, 1985, decided on Holloway v. County of Matagorda, 686 S.W.2d 101 (Tex. at 711-712.2 2 The District Court also denied motions to dismiss the complaints on various grounds. Crim.
Barron v. Director, TDCJ 6:2019cv00351 | US District Court for the *Not location specific. We provide access to self-guided and computer-aided software that can be used to get your divorce forms filled out. The phone number for Smith County 7th District Court is 903-590-1660 and the fax number is 903-590-1661. Address: 350 McAllister Street Room 1295, San Francisco, CA 94102. I would hold that such findings by the trial court are not against the great weight and preponderance of the evidence. There might be other court fees, such as those for making copies or serving your spouse, if you need it. The evidence was that she had pulled out her own pocket and had secreted the marijuana. Code Crim. Appeal from the 7th District Court, Smith County, Donald Carroll, J. Gene Caldwell, Bain, Files, Allen Caldwell, Tyler, for appellees. Appellant's seventh point is multifarious. Court Records Jail Operations District Courts Tax Assessor County Clerk Vehicle Registration Marriage Licenses Careers HR Find Us 200 E Ferguson St. Tyler, TX 75702 Contact Phone: (903) 590-4605 Accessibility Keep in Touch Website Design by Granicus- Connecting People and Government 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.
You can explore additional available newsletters here. One of the officers detected the odor of alcohol on Appellant, so he conducted sobriety tests. [1] Judges Kerry L. Russell See also Texas District Courts Texas courts Federal courts: Officers did not find cocaine either on Appellant's person or in his vehicle. In the present case, Appellant has failed to demonstrate or even allege that TDCJ is improperly cumulating his sentences for the two offenses. They serve four-year terms, after which they must run for re-election if they wish to continue serving. Appellant was observed on the videotape moving about in the car. 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. Under no circumstances may you use our 367 1, 1975 Tex.Gen Laws 968. 97, 292 S.W.2d 324, 328 (1956); Mobil Oil Corp. v. Matagorda County Drainage District, 597 S.W.2d 910, 911-912 (Tex. 42.08(a) (Vernon Supp. Acts 1969, 61st Leg. 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. Id. 12-83-0027-CV. 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) 3A(h) of Article 6252-17, TEX.REV.CIV.STAT.ANN. Conducting a search on Recordsfinder.com is subject to our. See, e.g., Stokes v. State, 688 S.W.2d 539, 540-41 (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. 162.243.84.187 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. For example, if you or your spouse would like to get back to using the maiden name, you will have to file an Order with a request to restore it. Click here to contact us for media inquiries, and please donate here to support our continued expansion. He spoke with police in a recorded proffer session on the condition that it be inadmissible except for purposes of impeachment. There is legally sufficient evidence to support the verdict that Appellant was in possession of the cocaine. Constitutional County Court; District Courts; Justice of the Peace Courts; Local Rules of Civil Trial; Local Rules of Practice for Family Law; Budget and . Article 6703, TEX.REV.CIV.STAT.ANN. 6252-17, held, "The law appears settled that the notice provisions of the Texas Open Meetings Act are subject to the substantial compliance rule.".
Reginald Wayne Biggs v. The State of Texas Appeal from 7th District created or verified by RecordsFinder. ), and Moore v. Commissioners Court of McCulloch County, 239 S.W.2d 119 (Tex.Civ.App.-Austin 1951, writ ref'd). Columbiana No. Crim. 2000). Jones v. State, 944 S.W.2d 642, 647 (Tex. The rear seat was removed and a bag of marijuana was found where Lackey had been sitting. Hours: Monday-Friday 8:00 AM - 5:00 PM. 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. We review the fact finder's weighing of the evidence and are authorized to disagree with the fact finder's determination. Crim. 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. En Espanol. FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO IN RE: M.G. V. JUDICIAL DISTRICT COURT OF . 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. 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."