Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of March 3, 2014

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.

Foundation Assessment, Inc., d/b/a Eng'g Design & Assessment v. O'Connor, No. 02-13-00166-CV (Mar. 06, 2014) (Walker, J., joined by Dauphinot and McCoy, JJ).

Held:  Because appellants did not waive their right to dismissal under section 150.002, because section 150.002 applies to require a certificate of merit in this case, and because the doctrine of laches does not bar appellants' right to dismissal, the trial court abused its discretion by denying appellants' motion to dismiss.

 

Leone v. State, No. 02-12-00102-CR (Mar. 06, 2014)  (Gabriel, J., joined by Livingston, C.J.; Dauphinot, J., dissents with opinion).

Held:  Even though the grand jury returned the indictment outside of its term, the indictment was sufficient to confer jurisdiction on the trial court. Further, Appellant failed to show that his substantial rights were affected by the defect of form in the indictment as required under code of criminal procedure article 21.19.

Dissent:  The absence of a grand jury is not a defect of form. Due process requires that indictments be handed down by sitting grand juries, not persons who formerly sat as grand jurors. Appellant met his burden of proving the purported indictment void, and the void indictment did not vest the trial court with jurisdiction.

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