Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of December 28, 2015.

NOTE:  Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues.  The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

In re Barrera, No. 02-15-00333-CV (Dec. 30, 2015) (orig. proceeding) (per curiam;  Dauphinot, J., concurs with opinion).

Concurrence:  The record is disturbing, as is the failure to disclose evidence.  But Relator did not meet his burden of showing actual prejudice based on the prosecutor's additional role as member of the board of regents of the college where the alleged offense occurred.  The trial court therefore did not abuse its discretion by denying Relator's motion to disqualify the prosecutor.