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The court address is 100 N Broadway, #204, Tyler TX 75702. To advance to the general election, a candidate must win a majority (over 50 percent) of the vote. 2524-1 (Vernon 1965). 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. Alex Dalton Ingram v. The State of TexasAppeal from 7th District Court Please search responsibly. 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]. Constitutional County Court; District Courts; Justice of the Peace Courts; Local Rules of Civil Trial; Local Rules of Practice for Family Law; Budget and . 31, 3, 1973 Tex.Gen Laws 47, 48, Acts 1975, 64th Leg. 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. hbbd```b``"fHF~_L>dXd!s%`6Z@Hz h.FF )+ The Lipscomb court was dealing with the original version of Subsection (f) of art. StateCourts.org is not a consumer reporting agency under the Fair Credit Reporting Act Crim. Crim. 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. Under the record I find no merit in appellants' point seven. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. If no candidate in a race wins the majorityas in cases where more than two candidates are competing for a seata runoff election is held between the top two candidates. You can explore additional available newsletters here. 7th District Court 114th District Court 241st District Court 321st District Court 1985). 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. 7th District Court in Tyler, Texas. Banks v. State, 708 S.W.2d 460, 461 (Tex. MiCOURT Case Search - Michigan We provide access to self-guided and computer-aided software that can be used to get your divorce forms filled out. 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. Section 3A(h) of the 1973 amendments provided that "[n]otice of a meeting must be posted for at least 72 hours preceding the day of the meeting." 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." Reginald Wayne Biggs v. The State of Texas Appeal from 7th District Smith County, TX Home Menu. 6702-1, Sections 2.001, et seq. This case deals only with the re-routing of a short segment of a county road. 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 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. Search Home; I Want To. Find and fill out forms relevant to your case. In Re: Robert Britt Appeal from 7th District Court of Smith County He also completed a J.D. 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 District Clerk is the Administrator of the Smith County Jury System. We affirm the judgment of the trial court. Clerk Name: Lois Rogers. The trial court assessed punishment at imprisonment for five years. V. JUDICIAL DISTRICT COURT OF . State of Texas--Appeal from 7th District Court of Smith County Annotate this Case. Court Name: 7th District Court. Crim. Search Online Court Records | Smith County, TX See Jackson v. Virginia, 443 U.S. 307, 319, 99 S. Ct. 2781, 2789, 61 L. Ed. Our court in Stelzer v. Huddleston, supra, wrote that substantial compliance is achieved when the action of the governmental body "provides realistic fulfillment of the purpose for which the mandate was incorporated in the statute," Id. 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.". Even if the trial court's judgment is deficient, Appellant has failed to show that he was harmed by the error. art. In his first issue, Appellant complains that the evidence is not legally sufficient to support the verdict. The action you just performed triggered the security solution. created or verified by RecordsFinder. ), and held that appellants had presented no evidence that anyone who desired to attend the meeting failed to attend, nor presented any evidence that there was an intent to close the meeting to the public. Acts 1969, 61st Leg. 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. 1985), which provides in part: Articles cited are Texas Revised Civil Statutes Annotated (Vernon) unless otherwise indicated. 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. Crim. The tape showed Lackey making a number of movements in the car while the officers were still talking with Appellant. Surely the Compton and Moore cases are not authority for such a result. Crim. at 311. APPELLANT . See Hoitt v. State, 30 S.W.3d 670, 675-76 (Tex. Visit our Links Page for websites providing Employment Listings, as well as US Government holiday closings. 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. Protection Act of 1994 (DPPA). His speedy trial requests were complicated by the COVID-19 pandemic and the state's adjournment of jury trials. P rint 2023 Smith County Holiday Schedule; Holiday Date; New Years (Observed) Mon, Jan 2 . 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. The majority opinion fails to distinguish the facts in the instant case. He earned his BA degree from Augustana College in 1990, his MBA degree from Saint Ambrose University in 1997 and his. 7th District Court | Smith County, TX Smith County Texas Court Directory | CourtReference.com 2008 2023 PeopleConnect, Inc. All Rights Reserved. (Supp. ch. Cloudflare Ray ID: 7c09b5166aa242e4 The information on this website is taken from records made available by state and local law enforcement departments, 0 Consistent with Ex parte Collier, we hold that the judgment is sufficiently specific to inform prison authorities how long to detain the prisoner under the sentence and is sufficiently specific to allow the defendant to identify the prior conviction with which the newer conviction is cumulated. 100 N Broadway, Rm 203, Tyler, TX75702-7236 Russell received a B.A. The Amarillo court in Lipscomb held that notice of the meeting of the County Board of Trustees set for Tuesday, May 26, 1970, which was posted on Friday, May 22, 1970, inside the courthouse at about 5:00 p.m. constituted a substantial compliance with the notice requirements of the Open Meetings Act. One of the officers detected the odor of alcohol on Appellant, so he conducted sobriety tests. 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 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. More Information apply. 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. 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. 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. We summarize the facts giving rise to this dispute. Kerry L. Russell is a judge for the 7th District Court in Smith County, Texas. Request to change trial venue for man accused of drunk driving, killing The trial court granted the appellee's motion for summary judgment. We do not originate, create, or control that information, and we cannot guarantee . The phone number for Smith County 7th District Court is 903-590-1660 and the fax number is 903-590-1661. We need not address Landowner's points 1, 2, 3, 4 and 6 and decline to do so. *Not location specific. Smith County Jury Summons have a new look. Upon questioning, Lackey told the officers that Appellant had put his hand in her pocket and was touching her. The notice requirement of article 6252-17, section 3A(a) is to be strictly construed. Accordingly, we overrule Appellant's first issue. He served as district associate judge from 2012 until his appointment to district court judge. 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. I respectfully dissent from the opinion of the majority. services for any purpose covered by the FCRA, including but not limited to tenant or Holly Leann Elliott v. The State of Texas Appeal from 7th District employee screening. 1985) (order contained only the cause number and the court of the prior conviction); Ex parte Shields, 371 S.W.2d 395, 395 (Tex. Johnson v. State, 23 S.W.3d 1, 11 (Tex. "Substantial compliance," with the notice provisions of the Open Meetings Act, has been held to mean "compliance with the essential requirements" thereof. [3], Though Texas is home to more than 400 district courts, the courts are grouped into nine administrative judicial regions. Get a hearing date after a state-mandated 60-day waiting period. . Williams v. Castleman, 112 Tex. Williams v. State, 675 S.W.2d 754, 763 (Tex. 6705, which read: Acts 1884, 18th Leg. App.-Texarkana 2000), pet. Crim. Those cases dealt with the closing of a road. 1985), popularly known as the Open Meetings Act. Please visit GoodHire for all your employment screening needs. Make your practice more effective and efficient with Casetexts legal research suite. Here is a divorce court in Smith County that you may bring your case to: Divorce Courts in Smith County, Texas. To inquire about the fees, contact the clerk of the district court where you plan to file.