Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of September 30, 2013

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.

Jordy v. State, No. 02-11-00377-CR (Oct. 3, 2013) (Gardner, J., joined by Meier and Gabriel, JJ.).

Held:  In a prosecution for driving while intoxicated, Appellant's cross-examination of the officer, which elicited evidence that training manual did not report any correlation between number of clues observed on the horizontal gaze nystagmus test and one of the penal code definitions of intoxication—loss of normal use of mental and physical faculties—opened the door to the State's evidence that the manual did report a correlation between number of clues and the other penal code definition of intoxication—alcohol concentration over 0.08.

Crisp v. State, No. 02-13-00041-CR (Oct. 3, 2013) (Walker, J., joined by Dauphinot and Gardner, JJ.).

Held:  The trial court's assessment of $624 in court costs in the written judgment is supported by the bill of costs and attached "List of Fee Breakdown" that were filed with this court in a supplemental record; we decline to undertake a review of the correctness of each court cost charged to Crisp when he has not done so.

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