Second Court of Appeals | Case Summaries

Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of April 28, 2008

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.

Maris v. Hendricks, No. 2-07-300-CV (May 1, 2008) (Holman, J., joined by Cayce, C.J., and Walker, J.).: Held: The trial court did not abuse its discretion by denying Appellant's motion to dismiss Appellees' health care liability claim because Appellant waived his sufficiency objections to the initial expert report timely filed by Appellees, which sufficiently implicated Appellant's conduct.

Benner v. State, No. 2-07-271-CV (May 1, 2008) (Livingston, J., joined by Holman and Gardner, JJ.).: Held: The trial court did not abuse its discretion in refusing Appellant's request for an expunction under Texas Code of Criminal Procedure article 55.01(a) because although the jury found him guilty only of aggravated assault, his initial arrest for kidnaping and the subsequent charges of burglary with the intent to commit a felony arose from the same criminal episode as the aggravated assault. Additionally, the trial court was not required to hold an oral, evidentiary hearing because Appellant did not present any additional grounds for an expunction that the trial court needed to evaluate.

State v. Rhine, No. 2-07-319-CR (May 1, 2008) (McCoy, J., joined by Gardner, J.; Dauphinot, J., dissents with opinion). [Note: Both opinions are at the same link in one document.]: Held: The legislature's delegation of its duty to safeguard the state's air quality did not violate the Texas Constitution as an unconstitutional delegation of authority because it is neither practical nor efficient for the legislature to address regulatory minutiae. The limitations established in chapter 382 of the health and safety code provide sufficient guidance with regard to prohibited conduct.; Dissent: The legislature's delegation to the Texas Commission on Environmental Quality—a commission created by the executive branch—of its authority to define the elements of a crime that can result in confinement violates the Texas Constitution.