Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of November 08, 2010

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.

Miller v. State,   Nos. 02-09-00167-CR, 02-09-00168-CR, 02-09-00169-CR    (Nov. 8, 2010)   (Opinion on PDR)(per curiam).

Held:   Appellant failed to preserve his complaint concerning the indictment in Appellate Cause No. 02-09-00167-CR that the indictment did not state an offense in clear and intelligible terms. In addition, the indictments in Appellate Cause Nos. 02-09-00168-CR and 02-09-00169-CR conferred jurisdiction on the trial court and provided Appellant with sufficient notice of the charges against him. The issue of whether Appellant may or may not have had a factual defense to the charges is not relevant to the determination of whether the trial court should have quashed the indictments because the applicable standard of review prohibits consideration of the factual record of the motion to quash hearing in this circumstance.

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