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Supreme Court of Texas Blog

Covers Texas appellate practice, with a special focus on the Supreme Court of Texas.
By Don Cruse, Esq.

Post Frequency: 2.8/day

Last Entry: March 28, 2011 at 11:39:31

Three per curiams and six new grants [orders of Feb. 12, 2010]

Posted on February 15, 2010
With today’s order list, the Texas Supreme Court issued three per curiam decisions and granted review in six new cases that will be heard at oral argument in March. The trend continues. There are still no dissenting or concurring opinions on the merits this term at the Texas Supreme Court...

Lawyers (or journalists) with Gmail accounts: Careful with the Google Buzz

Posted on February 15, 2010
Do you use Gmail, even for personal mail? Do any of your clients use Gmail? There was a pretty massive shift in your privacy a couple of days ago. You might not have noticed it. But unless you take a few steps to protect yourself, Google may be sharing some of your confidences [...

Trial transcripts in the age of electronic briefs

Posted on February 15, 2010
While we’re in the process of moving to electronic briefs, perhaps the time has come to rethink how we record trial court proceedings. A recent post on CourTex raises that question and links to a report from a national court administration group that suggests digital recording for trials...

Takings claim for a house already determined to be a nuisance; bank liability for disbursing estate funds to an imposter [arguments for Feb. 16, 2010]

Posted on February 15, 2010
The Texas Supreme Court is hearing oral argument on Tuesday, February 15th in two cases: City of Dallas v. Stewart, No. 09-0257 (docket and briefs) (a takings case involving the City’s demolition of a house determined to be a nuisance) and Jefferson State Bank v...

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Without owning up to its privacy blunder, Google announces future fixes to Buzz

Posted on February 13, 2010
In a blog post this afternoon, Google has announced that it will be making some changes to Buzz. That’s good news. In the future (“starting this week”), new users will be presented with clearer options. At some later time (“over the next couple weeks”), users whose privacy has already been compromised without their knowing might be [...

Gmail?s ?turn off buzz? (still) does not turn off Buzz; here?s how to really do it

Posted on February 12, 2010
I received lots of feedback to yesterday’s post “Lawyers (or journalists) with Gmail accounts: Careful with the Google Buzz”. My focus was the privacy implication of Google automatically publishing the identity of people you have communicated with in the past...

Three per curiams and six new grants [orders of Feb. 12, 2010]

Posted on February 12, 2010
With today’s order list, the Texas Supreme Court issued three per curiam decisions and granted review in six new cases that will be heard at oral argument in March. The trend continues. There are still no dissenting or concurring opinions on the merits this term at the Texas Supreme Court...

Lawyers (or journalists) with Gmail accounts: Careful with the Google Buzz

Posted on February 11, 2010
Do you use Gmail, even for personal mail? Do any of your clients use Gmail? There was a pretty massive shift in your privacy a couple of days ago. You might not have noticed it. But unless you take a few steps to protect yourself, Google may be sharing some of your confidences [...

Trial transcripts in the age of electronic briefs

Posted on February 11, 2010
While we’re in the process of moving to electronic briefs, perhaps the time has come to rethink how we record trial court proceedings. A recent post on CourTex raises that question and links to a report from a national court administration group that suggests digital recording for trials...

Court dismisses appeal about powers of disciplinary board

Posted on February 10, 2010
The Court was scheduled to hear argument next week in In re Texas Attorney, No. 09-0277, a case about what powers the Board of Disciplinary Appeals has to oversee initial attorney disciplinary proceedings before they are complete — the power asserted here, as I understand it, was akin to mandamus review of a trial court...

Primary battle in the Waco Court draws big names

Posted on February 10, 2010
The Texas Tribune has an article today about the challenge in the Republican primary to incumbent Justice Felipe Reyna of the Waco Court of Appeals. Justice Reyna was appointed by Governor Perry in 2003 and reelected in 2004. Justice Reyna is being challenged by fellow Republican and longtime Ellis County district judge Al Scoggins, who [...

No opinions today [order list for Feb. 5, 2010]

Posted on February 10, 2010
The Texas Supreme Court did not issue any opinions or grant any new cases for review in today’s order list. The Court is scheduled to hold a two-day private conference next week, so there may be more to report next Friday.

A peaceful term (so far) at the Texas Supreme Court

Posted on February 10, 2010
On this blog, I’ve gotten very used to commenting on the dueling arguments between the authors of dissenting and majority opinions, with the occasional new perspective offered by a concurrence. But I’m now out of practice. It’s been five months since any Justice authored a dissent or a concurrence to a merits decision of the Texas Supreme [...

No opinions today [order list of Jan. 29, 2010]

Posted on February 10, 2010
This week’s orders list was not accompanied by any opinions or new grants.

SCOTUS denies review of petition challenging Texas parental-termination system

Posted on February 10, 2010
The challenge to Texas’s parental-termination system in the US Supreme Court, which I first wrote about in this post, has come to a quiet end. The case became notable when the US Supreme Court formally called for the views of the Texas state solicitor general, believed to be the first such request...

One routine per curiam [order list of Jan. 22, 2010]

Posted on February 10, 2010
With today’s order list, the Texas Supreme Court issued one per curiam opinion that was a routine application of a holding it made last year about preserving error in parental-termination cases. In re J.H.G., No. 09-0531 (per curiam) (more info) This was a parental-termination case in which more than one year elapsed between the state taking temporary [...

Citizens United and Judicial Elections [updated]

Posted on February 10, 2010
Most commentary about today’s Citizens United decision will focus on congressional and presidential elections. But the decision may hit closer to home. Professor Rick Hasen brings some attention to the effect that Citizens United may have on judicial elections, especially in light of Caperton v...

CourTex: Rate of jury trials in Texas

Posted on February 10, 2010
Court watchers in Texas have a unique resource in CourTex, a blog maintained by Carl Reynolds, the director of Texas’s Office of Court Administration. In a recent post, Carl relayed some new data analyzed in his office about the frequency of jury trials in Texas...

On the docket: Liability of horse owners, getting attorneys fees for medical-malpractice defense

Posted on February 10, 2010
The Texas Supreme Court is hearing oral arguments in three cases on Thursday, January 21. One case involves the Texas Equine Activity Act, which creates a limited immunity for horse owners. Another involves proof needed to get an attorneys’ fee sanction under the medical-malpractice statute...

Court dismisses appeal about powers of disciplinary board

Primary battle in the Waco Court draws big names

Posted on February 08, 2010
The Texas Tribune has an article today about the challenge in the Republican primary to incumbent Justice Felipe Reyna of the Waco Court of Appeals. Justice Reyna was appointed by Governor Perry in 2003 and reelected in 2004. Justice Reyna is being challenged by fellow Republican and longtime Ellis County district judge Al Scoggins, who [...

No opinions today [order list for Feb. 5, 2010]

Posted on February 05, 2010
The Texas Supreme Court did not issue any opinions or grant any new cases for review in today’s order list. The Court is scheduled to hold a two-day private conference next week, so there may be more to report next Friday.

A peaceful term (so far) at the Texas Supreme Court

Posted on February 04, 2010
On this blog, I’ve gotten very used to commenting on the dueling arguments between the authors of dissenting and majority opinions, with the occasional new perspective offered by a concurrence. But I’m now out of practice. It’s been five months since any Justice authored a dissent or a concurrence to a merits decision of the Texas Supreme [...

No opinions today [order list of Jan. 29, 2010]

Posted on January 29, 2010
This week’s orders list was not accompanied by any opinions or new grants.

SCOTUS denies review of petition challenging Texas parental-termination system

Posted on January 25, 2010
The challenge to Texas’s parental-termination system in the US Supreme Court, which I first wrote about in this post, has come to a quiet end. The case became notable when the US Supreme Court formally called for the views of the Texas state solicitor general, believed to be the first such request...

One routine per curiam [order list of Jan. 22, 2010]

Posted on January 22, 2010
With today’s order list, the Texas Supreme Court issued one per curiam opinion that was a routine application of a holding it made last year about preserving error in parental-termination cases. In re J.H.G., No. 09-0531 (per curiam) (more info) This was a parental-termination case in which more than one year elapsed between the state taking temporary [...

Citizens United and Judicial Elections [updated]

Posted on January 21, 2010
Most commentary about today’s Citizens United decision will focus on congressional and presidential elections. But the decision may hit closer to home. Professor Rick Hasen brings some attention to the effect that Citizens United may have on judicial elections, especially in light of Caperton v...

CourTex: Rate of jury trials in Texas

Posted on January 21, 2010
Court watchers in Texas have a unique resource in CourTex, a blog maintained by Carl Reynolds, the director of Texas’s Office of Court Administration. In a recent post, Carl relayed some new data analyzed in his office about the frequency of jury trials in Texas...

On the docket: Liability of horse owners, getting attorneys fees for medical-malpractice defense

Posted on January 20, 2010
The Texas Supreme Court is hearing oral arguments in three cases on Thursday, January 21. One case involves the Texas Equine Activity Act, which creates a limited immunity for horse owners. Another involves proof needed to get an attorneys’ fee sanction under the medical-malpractice statute...

Texas Supreme Court candidates who tweet

Posted on January 20, 2010
I’ve found five Texas Supreme Court candidates (so far) who have active Twitter accounts. I’ve combined their feeds together into this Twitter list, which you can follow to get a sense of the unglamorous life of a statewide candidate. (I will keep that list updated as other candidates start using the service...

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