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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Court of Appeals, 8th District of Texas No. 08-97-00408-CR through 08-97-00424-CR (unpublished opinions) requiring allegation of mental culpability in complaint/zoning/adult businesses.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. |
