Comments on: Rule 13 Case from the CCA http://www.scotxblog.com/news-and-links/rule-13-case-from-the-cca/ Legal Issues Before the Texas Supreme Court Tue, 20 Jul 2010 19:11:21 +0000 hourly 1 http://wordpress.org/?v=3.0 By: D. Todd Smith http://www.scotxblog.com/news-and-links/rule-13-case-from-the-cca/comment-page-1/#comment-351 D. Todd Smith Sun, 11 May 2008 16:05:56 +0000 http://www.scotxblog.com/?p=181#comment-351 <p>This one cries out for a legislative fix.</p> This one cries out for a legislative fix.

]]> By: Don Cruse http://www.scotxblog.com/news-and-links/rule-13-case-from-the-cca/comment-page-1/#comment-346 Don Cruse Fri, 09 May 2008 16:12:43 +0000 http://www.scotxblog.com/?p=181#comment-346 <p>I would imagine the most direct route is to file a motion for rehearing with the CCA. There may still be room for the CCA to reach the same holding on different reasoning, although I don't know how receptive the court would be.</p> <p>I suspect there's not a strong basis to challenge the CCA's jurisdiction here. It seems like that court has to be able to construe a criminal statute. That said, the fact that this case implicates a question of broad significance to civil cases, too, might persuade the CCA to take another look to make sure it's getting the reasoning right.</p> <p>As for Valias's options in the ongoing criminal case ... that is well outside of my expertise. I'm very curious to know what others think about the case.</p> I would imagine the most direct route is to file a motion for rehearing with the CCA. There may still be room for the CCA to reach the same holding on different reasoning, although I don’t know how receptive the court would be.

I suspect there’s not a strong basis to challenge the CCA’s jurisdiction here. It seems like that court has to be able to construe a criminal statute. That said, the fact that this case implicates a question of broad significance to civil cases, too, might persuade the CCA to take another look to make sure it’s getting the reasoning right.

As for Valias’s options in the ongoing criminal case … that is well outside of my expertise. I’m very curious to know what others think about the case.

]]> By: 020033 http://www.scotxblog.com/news-and-links/rule-13-case-from-the-cca/comment-page-1/#comment-345 020033 Fri, 09 May 2008 15:05:46 +0000 http://www.scotxblog.com/?p=181#comment-345 <p>Don,</p> <p>Agree with your analysis, but have a question as to what Vasilas's options now are. </p> <p>Because he can't mandamus the CCA at SCOTX under Tex. Gov't Code sec. 22.002(a), and it appears he can't pursue a direct appeal to SCOTX under TRAP 57.2, is his only option now to file a civil appeal of the CCA's decision back down at the Dallas CoA? </p> <p>To my mind, because of the statutory conflict you note over at TALBlog, it seems he would have fairly good grounds to assert the CCA didn't have jurisdiction to render the judgment it did. That, under Tex. Gov't Code Ann. sec. 22.001(a)(3) (statutory construction) and (d) (SCOTX's power to determine its own jurisdiction), only SCOTX has jurisdiction to decide the matter.</p> <p>Would be endlessly fascinating to see this case play out further.</p> <p>-020033</p> Don,

Agree with your analysis, but have a question as to what Vasilas’s options now are.

Because he can’t mandamus the CCA at SCOTX under Tex. Gov’t Code sec. 22.002(a), and it appears he can’t pursue a direct appeal to SCOTX under TRAP 57.2, is his only option now to file a civil appeal of the CCA’s decision back down at the Dallas CoA?

To my mind, because of the statutory conflict you note over at TALBlog, it seems he would have fairly good grounds to assert the CCA didn’t have jurisdiction to render the judgment it did. That, under Tex. Gov’t Code Ann. sec. 22.001(a)(3) (statutory construction) and (d) (SCOTX’s power to determine its own jurisdiction), only SCOTX has jurisdiction to decide the matter.

Would be endlessly fascinating to see this case play out further.

-020033

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