Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of April 26, 2021.

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.

Shetewy v. Mediation Inst. of N. Tex., No. 02-20-00232-CV (Apr. 29, 2021) (Wallach, J., joined by Kerr and Bassel, JJ.).

Held: The trial court’s order lacks decretal language and is therefore not final.

Fuller v. State, No. 02-20-00101-CR (Apr. 29, 2021) (Walker, J., joined by Birdwell and Wallach, JJ.).

Held: Although the three-year delay before Appellant’s capital-murder trial was presumptively prejudicial and although the reasons for that delay weigh slightly in favor of finding a speedy-trial violation, Appellant’s late assertion of his right and his failure to demonstrate prejudice to his defense arising from the delay weigh heavily against finding a speedy-trial violation.  A balancing of these four factors leads to a conclusion that Appellant’s right to a speedy trial was not violated.