X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:The court of appeals reversed the judgment convicting the appellant of bail jumping on the grounds that the trial court violated his rights, under the federal and state constitutions, to represent himself. The state argued in its brief to the court of appeals that, by misleading the trial court, the appellant was estopped from asserting those grounds. It presented no argument other than estoppel. The opinion of the court of appeals did not respond to that argument. The state filed a motion for rehearing which argued, “The case was incorrectly decided because the panel opinion misinterpreted and failed to address the State’s sole contention timely raised in its brief on original submission that under the circumstances presented appellant should be estopped from complaining that he was denied his right to self-representation.” The motion was denied. The state moved for rehearing by the court en banc on the same ground. The motion was denied, and this court granted review. HOLDING:Vacated and remanded. The court of appeals should have addressed the state’s estoppel argument, which was necessary to the disposition of the appeal. Texas Rule of Appellate Procedure 47.1 requires, “The court of appeals must hand down a written opinion that is as brief as practicable but that addresses every issue raised and necessary to final disposition of the appeal.” This rule requires a court of appeals to address an appellee’s reply that the appellant’s point was not preserved for review. When an opinion fails to address even an alternative argument in an appellee’s reply, this court may remand the case to the court of appeals, the court states. OPINION:Per curiam; en banc. Meyers, J., did not participate in the decision.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.