Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of September 11, 2006

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 can be accessed by clicking the cause number then clicking View HTML Version of Opinion.

Grotti v. State, No. 02-0004-406 (Sept. 14, 2006) (Livingston, J., joined by Cayce, C.J., and Gardner, J.).

Held: The evidence is factually insufficient to support a finding that emergency room patient was alive, under section 671.001(a) of the health and safety code describing when death occurs, when Appellant, a doctor who had examined patient and pronounced her dead, occluded patient’s breathing tube. The evidence is thus factually insufficient to support a finding that Appellant caused patient’s death and Appellant’s conviction for criminally negligent homicide.

In re Brown, No. 02-0006-263 (Sept. 14, 2006) (orig. proceeding) (Walker, J., joined by Livingston and Dauphinot, JJ.).

Held: Under the Uniform Child Custody Jurisdiction and Enforcement Act, Missouri, rather than Texas, has jurisdiction to make an initial child custody determination regarding the children that are the subject of Relator’s and Real Party in Interest’s divorce. Accordingly, the Texas trial court abused its discretion by exercising jurisdiction over the children for purposes of making an initial child custody determination.

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Updated: 15-Sep-2006