Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of February 15, 2016.

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 S.T., No. 02-15-00203-CV (Feb. 18, 2016) (on denial of reh'g en banc) (Sudderth, J.; joined by Livingston, C.J., Dauphinot, Gardner, and Meier, JJ.; Walker, J., concurs with opinion, joined by Gabriel, J.).

Concurrence:  The Majority Opinion's analysis of the invited error doctrine as applied to Father's alternative requests for relief is obiter dictum.

Herrera v. State, No. 02-14-00431-CR (Feb. 18, 2016) (abatement order and opinion) (Meier, J., joined by Dauphinot, J.; Walker, J., dissents with opinion).

Held:  Appellant's motion for new trial and accompanying affidavits were sufficient to put the trial judge on notice that reasonable grounds existed to believe that the complainant did not author or endorse the victim impact statement found in the presentence investigation report. Therefore, the trial court abused its discretion by failing to conduct a hearing on Appellant's motion for new trial.

Dissent:  Because Herrera did not object to the victim's statement included in the PSI, because Herrera possesses no right under Texas Code of Criminal Procedure article 56.03(e) to cross-examine his victim on her punishment opinion included in the PSI, and because the trial court did not abuse its discretion by denying Herrera a hearing on his motion for new trial based on newly discovered evidence, Herrera's first issue should be overruled.