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 -----Original Message-----
From: 	"Law.com/tx" <tx_case_alert+390187.153596706.1@reply.law.com>@ENRON [mailto:IMCEANOTES-+22Law+2Ecom_tx+22+20+3Ctx+5Fcase+5Falert+2B390187+2E153596706+2E1+40reply+2Elaw+2Ecom+3E+40ENRON@ENRON.com] 
Sent:	Friday, September 14, 2001 1:00 AM
To:	Hu, Sylvia
Subject:	Texas Case Alert, September 14, 2001

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       L A W . C O M / T E X A S

           C A S E  A L E R T

                  for

        S E P T E M B E R  1 4,  2 0 0 1

<http://www5.law.com/tx/sub/opinions/alert/index.shtml>

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***  Current News on Law.com/TX  ***


Route 66: Legal Kicks and Conflicts
Texas Lawyer
It started with a talk show comment about beef, but it turned into
one of the biggest legal beefs in Route 66 country -- a circus
atmosphere prevailed when Oprah Winfrey came to trial under the
so-called "veggie libel law." This week Texas Lawyer's Route 66
series continues with the Oprah trial in Amarillo, as well as a
look back at a high-profile murder trial that was moved to Potter
County. Harris County DA Chuck Rosenthal recounts the prosecution's
underdog victory.
http://www5.law.com/tx/stories/edt0914_rt66.shtml

Read more Texas legal news
http://www5.law.com/tx/


***  Texas Supreme Court  ***

OTHER - ELECTION LAW
Perry v. Del Rio
Dominant jurisdiction cannot be conferred on a court by the filing
of a claim, either by an original or amended pleading, unless the
claim was ripe when the filing was made; a claim's lack of ripeness
when filed is not a jurisdictional infirmity requiring dismissal if
the case has matured. Supreme Court of Texas, No. 01-0728; Posted
September 10, 2001.
http://www5.law.com/tx/sub/opinions/fulltext/supreme/2001c/01-0728.htm


***  Texas Court of Criminal Appeals  ***

CRIMINAL - APPEALS
Kirtley v. State
There is nothing to prohibit appellant from claiming ineffective
assistance of counsel during the punishment hearing on appeal; the
record is therefore "necessary to the appeal's resolution" as is
required by Rule 34.6(f)(3). Texas Court of Criminal Appeals, No.
1193-00; Posted September 12, 2001.
http://www5.law.com/tx/sub/opinions/fulltext/cca/2001c/1193-00.htm


CRIMINAL - SEARCH AND SEIZURE
Taylor v. State
A petition for discretionary review to decide whether the defendant
had standing to object to a search at his friend's residence was
improvidently granted and is dismissed. Texas Court of Criminal
Appeals, No. 1194-99; Posted September 12, 2001.
http://www5.law.com/tx/sub/opinions/fulltext/cca/2001c/1194-99.htm


CRIMINAL - TEXAS PENAL CODE ?9.31(A)
Ferrell v. State
Because the blow with the bottle indisputably caused serious bodily
injury to the victim, the defendant by definition used deadly force
and is not entitled to a ?9.31(a) self-defense instruction. Texas
Court of Criminal Appeals, No. 1195-00; Posted September 12, 2001.
http://www5.law.com/tx/sub/opinions/fulltext/cca/2001c/1195-00.htm


CRIMINAL - TEXAS PENAL CODE ?12.42(C)(2)
Scott v. State
When a statute explicitly restricts the collateral consequences of
an offense, the defendant is entitled to rely on that restriction;
punishment for the offense is increased by the removal of the
statutory restriction, and such an increase in punishment
constitutes an ex post facto law. Texas Court of Criminal Appeals,
No. 1220-00; Posted September 12, 2001.
http://www5.law.com/tx/sub/opinions/fulltext/cca/2001c/1220-00.htm


CRIMINAL - DEADLY WEAPON
Vasquez v. State
Corroboration is not required of accomplice-witness testimony
regarding a deadly weapon finding. Texas Court of Criminal Appeals,
No. 1573-00; Posted September 12, 2001.
http://www5.law.com/tx/sub/opinions/fulltext/cca/2001c/1573-00.htm


CRIMINAL - DISMISSAL
Sanders v. State
Decision to grant review was improvident; the petition is
dismissed. Texas Court of Criminal Appeals, No. 1822-00; Posted
September 12, 2001.
http://www5.law.com/tx/sub/opinions/fulltext/cca/2001c/1822-00.htm


CRIMINAL - PUNISHMENT
Worthington v. State
The court remands in light of Pettigrew v. State, __ S.W.3d. __ No.
1417-99 (Tex. Crim. App., delivered June 20, 2001). Texas Court of
Criminal Appeals, No. 0558-01; Posted September 12, 2001.
http://www5.law.com/tx/sub/opinions/fulltext/cca/2001c/0558-01.htm


CRIMINAL - PUNISHMENT
Conner v. State
Testimony concerning the meaning behind appellant's tattoos was
relevant to appellant's character and hence to punishment. Texas
Court of Criminal Appeals, No. 73-591; Posted September 12, 2001.
http://www5.law.com/tx/sub/opinions/fulltext/cca/2001c/73-591.htm


CRIMINAL - JURIES
Wamget v. State
The notion of "race" ought to be as broadly understood for purposes
of Batson and the Equal Protection Clause as it is has been
interpreted by the Supreme Court in the context of other post-civil
war legislation such as sec. 1981. Texas Court of Criminal Appeals,
No. 926-00; Posted September 12, 2001.
http://www5.law.com/tx/sub/opinions/fulltext/cca/2001c/926-00.htm


***  Texas Courts of Appeal  ***


INSURANCE - TEXAS INSURANCE CODE ARTICLE 21.21-8
Cortez v. Progressive County Mutual Insurance Co.
The plain language of article 21.21-8 provides a definition of
unfair discrimination; looking exclusively to article 21.21-6 to
define such term would ignore the plain language of article
21.21-8. Austin Court of Appeals, No. 03-99-00846-CV; Posted
September 13, 2001.
http://www5.law.com/tx/sub/opinions/fulltext/civil/2001c/03-99-00846.htm


GOVERNMENT LAW - TEXAS HEALTH & SAFETY CODE ? 771055-.057
City of Corpus Christi v. Commission on State Emergency
Communications
Because the Legislature has not limited with unmistakable clarity
the power of a home-rule city to withdraw from a regional plan, a
city may so withdraw. Austin Court of Appeals, No. 03-00-00689-CV;
Posted September 13, 2001.
http://www5.law.com/tx/sub/opinions/fulltext/civil/2001c/03-00-00689.htm


CRIMINAL - JUVENILE LAW
In the Matter of S.R.C.
An affirmative finding of use of a deadly weapon is not required in
the judgment adjudicating a juvenile delinquent for violating Texas
Penal Code sec. 22.02. Austin Court of Appeals, No. 03-00-00656-CV;
Posted September 13, 2001.
http://www5.law.com/tx/sub/opinions/fulltext/civil/2001c/03-00-00656.htm


CRIMINAL - DWI
Castillo v. State
Absent a jury finding beyond a reasonable doubt that appellant had
been convicted of an intoxication offense committed within 10 years
of the date the charged offense was committed, there was
insufficient evidence to elevate the alleged DWI to a felony
offense. Austin Court of Appeals, No. 03-00-00185-CR; Posted
September 13, 2001.
http://www5.law.com/tx/sub/opinions/fulltext/crim/2001c/03-00-00185.htm


CRIMINAL - EVIDENCE
Mendez v. State
Confessions of another that incriminate the defendant on trial,
even though self-inculpatory to the declarant, are presumptively
unreliable. Austin Court of Appeals, No. 03-00-00473-CR; Posted
September 13, 2001.
http://www5.law.com/tx/sub/opinions/fulltext/crim/2001c/03-00-00473.htm


CRIMINAL - APPEALS
Shankle v. State
The state's agreement to the consideration of the unadjudicated
burglary offense pursuant to Texas Penal Code ?12.45 did not
constitute an agreed punishment recommendation in this cause within
the meaning of Texas Rule of Appellate Procedure 25.2(b)(3). Austin
Court of Appeals, No. 03-01-00200-CR; Posted September 13, 2001.
http://www5.law.com/tx/sub/opinions/fulltext/crim/2001c/03-01-00200.htm


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