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Case Subject Index This Subject Index cites cases of particular interest by subject matter. The case can be located in the Index in alphabetical order. This Subject Index does not include all cases that have been decided by the Appellate Court, but only includes those cases which the Court has determined to be of sufficient interest to be included. Cases in blue type have been identified by Appellate Judge Holmes as particularly significant. The Judge's opinion on these cases can be viewed online by clicking on the link. The Court’s Opinion in any of the cited cases can be viewed, and copies thereof can be obtained, through the City Clerk’s Office at 2 Civic Center Plaza, El Paso, TX 79901, during regular office hours. Please note that you will need to have Acrobat Reader to open PDF documents. If you do not have Acrobat Reader you may download the free program from the following address: http://www.adobe.com/products/acrobat/readstep2.html or click on the Acrobat Reader logo.
1. Allegation of mental culpability required.
Court of Appeals, 8th District of Texas No. 08-97-00408-CR through 08-97-00424-CR (unpublished opinions) requiring allegation of mental culpability in complaint/zoning/adult businesses. *Cases tried before enactment of '1.08.080 of the City Code dispensing with culpable mental state for offenses under the City Code. 2. Allegation of mental culpability not required.
3. Article 1200ee-1: A motion for new trial must set out points of error relied upon Appeal.
4. Judicial notice of City Ordinance by Trial Court and Appellate Court.
5. Defects in ticket immaterial once complaint is filed - ticket merged into complaint.
6. City Attorney authorized to represent City in Municipal Court prosecutions.
7. Delivery of Complaint to Clerk constitutes filing even if filing endorsement absent.
8. Negating Statutory Exceptions.
9. No information required in Class C Prosecutions.
10. No right to appointment of counsel and waiver.
11. Municipal Court of Records Act constitutional.
12. No restriction on jury trial where defendant required to be present.
13. Requiring defendant's presence for Pre-Trial and Trial proceedings approved.
14. Defects in Complaint: jurisdictional vs. non-jurisdictional; Motion to Quash.
15. Evidence - Predicate for admission of radar evidence.
16. Appeal not timely perfected.
17. No right to retrial on appeal.
18. No right to trial de novo.
19. Multiple offenses arising out of same episode - request for Defensive Driving Course.
20. Need not identify motor vehicle, even in face of Motion to Quash, on failure to maintain financial responsibility.
21. No brief filed on appeal - address only fundamental error.
22. Motion to Quash - court's actions in respect thereto.
23. Complaint need not allege specifically that offense is not barred by Statute of Limitations.
24. Refreshing recollection.
25. Well defined abbreviations may be used for jurats and complaints.
26. Reviewing sufficiency of evidence - no Statement of Facts.
27. Trial Judge or Jury as trier of fact - Exclusive Judge of credibility of witnesses and weight to be given to testimony.
(See cases cited for Reviewing Sufficiency of Evidence Generally) 28. No Statement of Facts - cannot give questions relating to sufficiency of evidence.
29. Appellate Court has no jurisdiction to change or reduce fine.
30. Speeding - insufficient evidence.
31. Governor's Proclamation and 55 MPH speed limit valid.
32. Ignorance of law on defense.
33. Complaint not fundamentally defective for not ending with "against the peace and dignity of the State of Texas" pursuant to Art. 1200ee-2.
34. Defendant can appear by counsel - no objection- waives defendant's presence.
35. Requiring no appellate decision unless reversed - not biased toward conviction.
36. "Sign" ordinance - no coverage for particular sign in question.
37. Complaint not signed or sworn to or properly dated constitutes fundamental error.
38. Producing valid operator's license - burden of proof.
39. Financial responsibility - coverage of non-resident.
40. Traffic ticket - D.W.I. charge - not double jeopardy.
41. Speedy Trial - bar to other prosecution.
42. Speedy Trial - Request for continuance - waiver.
43. Speedy Trial - no complaint to announce ready within time limits - Motion should be granted.
44. Speedy Trial Act; State's announcement of ready.
45. Speedy Trial Act: Date of citation commences time period.
46. Speedy Trial Act: Waiver - not timely Motion.
47. Bill of Exception - not substitute for statement of facts.
48. Defendant entitled to new trial if cannot secure statement without his fault.
49. Complaint - failure to allege essential elements of offense is error.
50. State must identify defendant at trial if defendant present.
51. Complaint - description of property allegedly taken required.
52. Complaint defective - failure to allege accident.
53. Emergency situation - constitutes defense.
54. Evidence - State must prove non-consent where alleged.
55. Reverse and Render - where evidence is insufficient.
56. Probable cause to stop motorist for checking on insurance or driver's license.
57. Financial responsibility - complaint charging wrong section.
58. Complaint - alleging "minor" under 21 - defective.
59. Complaint alleged no offense for speeding in school zone.
60. Evidence - failure to prove "public place" - element of offense - insufficiency.
61. Disorderly Conduct - definition of exposure.
62. Effectiveness of Counsel.
63. Defensive Driving Course - (Request must be timely made).
64. Zoning: Conforming - nonconforming use - sufficiency of evidence.
65. Zoning: Adult bookstore - wrong charge brought.
66. Trial Court's responsibility to advise of consequences of failure to exercise rights.
67. Duty to request Court Reporter on defendant.
68. Seal not required on complaint.
69. Complaining witness testimony not required if other evidence introduced.
70. Lost complaint procedure.
71. Article 21.06 of Texas Penal Code is unconstitutional.
72. In-Court identification required.
73. Death of Appellant abates Appeal.
74. Broken speedometer - no defense to speeding violation.
75. Speeding - Reliability and admissibility of radar evidence.
76. Speedy Trial Act - State's announcement of ready is prima facie evidence.
77. Complaint - Elements of failure to identify.
78. Waiver of Right to an attorney.
79. Disorderly Conduct - what constitutes "fighting words" and tends to incite immediate breach of the peace.
80. "Flow of Traffic" - Defense not valid.
81. Fair Notice that contemplated conduct is forbidden by statutes is required.
82. Speeding - "Prima Facie" case. Burden of Proof.
83. Fatal variance in the evidence constitutes fundamental error.
84. Waiver of jury trial - recitation in judgment establishes.
85. Waiver of defensive driving course if not timely requested.
86. Doctrine of idem sonans.
87. Fine set below minimum - retry for reassessment of fine.
88. Complaint need not describe color of vehicle.
89. Non-Ownership of vehicle may be defense.
90. Bond Forfeiture Case - Judicial Notice of Judgment Nisi.
91. Constitutional Right to Speedy Trial.
92. Fundamental Error in Charging Document Eliminated - Article 1.14 CCP.
93. No court reporter to take Statement of Facts requires reversal.
94. Setting of case through the mail fails to provide person with opportunity to request setting when court reporter is available and denies person right to have Statement of Facts included in record.
95. Person cited to appear by summons does not provide opportunity for court reporter to take Statement of Facts, and may entitle person to remand of case.
96. Sudden emergency constitutes valid defense if supported by evidence.
97. Failure to provide Statement of Fact viewed from Appellant's standpoint and any reasonable doubt is resolved in favor of the Appellant - failure to obtain Statement of Facts through no fault of Appellant entitles person to new trial.
98. Trial Court authorized to take judicial notice of Judgment nisi in bond forfeiture proceedings.
99. Trial Court has discretion to reopen case.
100. Appearance by counsel waives in-court identification of Defendant.
101. Citation void if issued on unauthorized traffic control devise.
102. Citation does not serve function of complaint.
103. Complaint/Allegation of descriptive unnecessary matter requires proof if descriptive of essential element of offense/sufficiency of the evidence.
104. Fatal variance renders evidence insufficient.
105. Speeding - Insufficient evidence - proof of urban district.
106. Driving Safety Course - Judge has obligation to advise of right.
107. Defensive issue - Burden of Proof - Financial Responsibility - Evidence.
108. Willful failure to obey a police officer - fundamentally defective complaint.
109. Speedy Trial Act - unconstitutional and the issue is moot.
110. Specific statute controls over general statute.
111. Certified court reporter required.
112. Constitutionality of safety belt law upheld.
113. Oral description of property or photograph of property as sufficient proof in theft cases.
114. Failure to control speed does not require proof of speeding.
115. Adult entertainment zoning ordinance constitutional.
116. Failure to file timely Motion to Quash waives defects of form in complaint.
117. Willful failure to obey a police officer - fundamentally defective complaint.
118. Financial responsibility, burden of proof when defense is raised; permissive use coverage under policy.
119. Passing in school zone.
120. Comparative Negligence not defense to traffic citation.
121. Allegation of insufficiency of the evidence upheld.
122. Financial Responsibility - Failure to furnish evidence of financial responsibility raises presumption that no policy is in effect.
123. Disorderly conduct, breach of the peace defined.
124. Speeding - estimated speed - fundamental error in charging document.
125. Admissibility of extraneous offenses.
126. Zoning - Evidence held insufficient to support zoning violation.
127. Double jeopardy question addressed.
128. Complaint cannot be amended even at instance of Defendant for matters of substance.
129. Failure to object to unsworn testimony; waives error.
130. Proof of financial responsibility - common law husband is covered under wife's policy.
131. Court costs are mandatory.
132. Burden of proof on defendant to raise defense under safety responsibility act.
133. Complaint - fundamentally defective if not signed by notary public.
134. Qualification of expert witness - radar.
135. Comment on weight of evidence involved only in jury trials.
136. Identification of accused - essential element of State's case.
137. Failure to use right-of-way - speed of other vehicle no defense.
138. No right to an attorney for fine only offense.
139. "Passing" in a school zone defined.
140. "Entrapment Defense" is available only when one admits commission of offense.
141. Proper predicate for the introduction of evidence in speed based on radar/Waiver of error by failure to object.
142. Jurisdiction of Municipal Court over theft offense involving public servant.
143. Fine assessed excessive; Case remanded to Trial Court for reassessment of punishment only.
144. Proof of financial responsibility - policy itself not required.
145. Proof of venue.
146. Defects in substance or form of complaint - must object to preserve error.
147. Safety responsibility act constitutional.
148. Proof of "possession of alcohol in the park"/ affirmative links required
149. Remand - Interest of justice.
150. Constitutionality of ordinance restricting sale of newspaper in roadway; Upheld. Decision of Municipal Court affirmed by the El Paso Court of Appeals, Case Number 08-94-00343-CR.
151. Deferred Adjudication Order - Dismissal upon compliance required.
152. Trial Court has no authority to dismiss case without prosecutor=s consent.
153. Pro Se Defendants held to same legal standards as counsel
154. Financial Responsibility - ACovered Person@ defined
155. Financial Responsibility - ACovered Auto@ defined
156. Evidence of financial responsibility - Section 601.053 Texas Transportation Code
157. Recusal of Judge; No change of venue for fine-only misdemeanors; Motion in Limine does not preserve error; Burden of proof on defendant to raise defense that traffic control devise is not authorized or otherwise illegal; No culpable mental state need be alleged or proved for a stop sign violation
158. City=s noise ordinance constitutional.
159. Defects in complaining can be raised for the first time on appeal.
160. Use of dealer=s temporary cardboard tags allows vehicle to be driven for servicing and exempts inspection requirements under Section 503.062 of the Texas Transportation Code.
161. Right to Court Reporter
162. Constitutionality of El Paso=s Historic Landmark Preservation Zoning Ordinance upheld.
163. Expert testimony not necessary for introduction of radar evidence.
164. Requirements for Driving Safety Course in lieu of Prosecution.
165. Must request a court reporter or object to the absence of a Court Reporter at trial or you waive right to complain on appeal for the absence of a Court Reporter.
166. Traffic control device must be sufficiently legible to be valid (Sec. 12.20.050 City Code of El Paso).
167. Failure to raise issue at Trial Court waives point and cannot be raised for the first time on appeal.
168. Temporary cardboard tag for use on unregistered vehicle/for sale purposes only/not for personal use/503.062 & 503.068 Tex. Transp. Code.
169. Ordinances held valid against vagueness challenge.
170. Separated roadways/passing in a school zone.
171. Financial responsibility/certificate of deposit-extended coverage-registration of vehicle.
172. City has authority to dispense with culpable mental state.
173. Driver safety course - out of State course--still eligible in Texas under Article 45.0511, Code of Criminal Procedure
174. No violation of traffic control device where there is no traffic control device.
175. Residency question and Texas Driver's License.
176. Zoning violation - different zoning designations justify separate charges.
177. Review of factual and legal insufficiency of evidence.
178. Wasting water/requires act or omission to commit criminal offense/temporary failures or malfunctions not sufficient to constitute offense.
179. Admission of consumption of alcohol by a minor alone insufficient to establish guilt.
180. Parking violation near a school not a moving violation.
181. Person cannot unilaterally immunize themselves from laws of the State.
182. Judicial notice of reliability of radar.
183. Probable cause/seatbelt violation.
184. Granting Deferred Adjudication pursuant to Article 45.051 rests in the discretion of the trial judge.
185. Failure to complete driver safety course in lieu of prosecution in a timely manner waives right to dismissal.
190. Parent participation in juvenile proceedings.
191. Recording trial court proceedings.
192. No defense because of the fact that others have also committed the offense though not cited.
193. “Chasing” not same as “clocking” vehicle-insufficient evidence to prove speeding.
194. Vehicle using dealer tags pursuant to Section 503.061, Texas Transportation Code, exempt from registration and/or inspection if used properly for the limited purposes provided therein.
195. Providing proof of insurance late does not constitute a defense.
196. Interpreter must be appointed if Defendant cannot speak and/or understand English language.
197. Dealer’s Tags-not for personal use/no inspection sticker required.
198. Double yellow lines does not prohibit U-turn.
199. Conviction for possessing an open alcoholic container in urban area and in motor vehicle constitutes the same offense, and conviction for both violates double jeopardy clause.
200. Valid Mexican driver's license is valid in Texas.
201. Illegal Window Tinting Complaint should allege which window is involved to state offense.
202. Failure to control speed causing an accident/evidence insufficient.
203. Absence of Record-no review of factual or legal sufficiency of evidence.
204. Did not present proof of financial responsibility to the Trial Court
205. Failure to properly object waives error including error relating to Constitutional Rights.
206. Entitled to be charged with offense cited for
207. Inspection under Federal Motor Carrier Safety Act under 49CFR 396.17 et. seq. is valid.
208. Evidence Legally Insufficient to prove “Failure to Maintain Financial Responsibility” if only ask for proof of insurance.
209. Appellant is responsible for requesting, securing and paying for Reporter’s Record.
210. Sufficiency of Notice to Show Cause on Order of Deferred Disposition.
211. Evidence Insufficient to Prove Stop Sign Violation.
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