law-due-process under federal constitutional law | due course of law under Texas Constitution |
entitlement to notice and opportunity to be heard | sufficiency of notice adequacy of process
RECENT TEXAS SUPREME COURT DUE PROCESS RULINGS
NO DUE PROCESS VIOLATION FOUND IN ADMINISTRATIVE GARNISHMENT OF INMATE TRUST
ACCOUNT TO PAY COURT COSTS Harrell v. State of Texas, No. 07-0806 (Tex. Jun. 5, 2009) (Willett)
(whether order to prison officials to withdraw money from inmate trust account to pay court costs in
underlying criminal case is a civil or a criminal matter, what due process prisoner is entitled to).
WALTER E. HARRELL v. THE STATE OF TEXAS; from Terry County; 7th district (07-06-00469-CR&07-
06-00470-CR, ___ SW3d ___, 08-13-07)
The Court reverses the court of appeals' judgment dismissing the case for want of jurisdiction and
renders judgment affirming the trial court's order.
Justice Willett delivered the opinion of the Court.
SUFFICIENCY OF SERVICE OF AMENDED PETITION SEEKING MORE ONEROUS RELIEF BY
CERTIFIED MAIL ON DEFENDANT WHO WAS PREVIOUSLY SERVED WITH CITATION, BUT DID NOT
ANSWER. In the Interest of EA, No. 08-0157 (Tex. Jun. 5, 2009)(Jefferson)
(method of service of amended petition, sufficiency of service by certified mail under rule 21a when
Defendant has been served with civil process, but has not filed an answer or made appearance)(SAPCR
modification proceeding brought within one year of final order in underlying child custody suit).
IN THE INTEREST OF E.A. AND D.A., CHILDREN; from Wichita County; 2nd district (02-07-00215-CV,
___ SW3d ___, 12-06-07)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the
trial court.
Chief Justice Jefferson delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice
Medina, Justice Green, and Justice Johnson joined.
Justice Scott A. Brister delivered a concurring opinion, in which Justice Wainwright and Justice Willett
joined. (default judgment not to be based on amended petition seeking more onerous relief against
nonanswering defendant if not served with new citation)
DUE PROCESS IN CHILD SUPPORT CONTEMPT CONTEXT
In re Zandi, No. 07-0919 (Tex. Dec. 19, 2008)(Suppl. Op. on motion for rehearing)(child support
contempt, due process requirement for notice of intent to revoke suspension of commitment)
IN RE REZA ZANDI; from Denton County; 2nd district (02-07-00348-CV, ___ SW3d ___, 10-18-07)
Supplemental Opinion on Rehearing
PET DENIED CASES FROM COURTS OF APPEALS
08-0708
BERNARD DOLENZ v. DALLAS CENTRAL APPRAISAL DISTRICT AND DALLAS COUNTY APPRAISAL
REVIEW BOARD; from Dallas County; 5th district (05‑07‑00885‑CV, 259 SW3d 331, 06‑30‑08, pet.
denied Oct 2008)(subject-matter jurisdiction, property tax appeal, administrative remedies, timeliness)
(religous organization exemption)
In this ad valorem tax case, Bernard Dolenz appeals the trial court's judgment dismissing his claims
against the Dallas Central Appraisal District and the Dallas County Appraisal Review Board for want of
subject-matter jurisdiction.
Appellant argues that if the Tax Code's provisions leave the district court without jurisdiction to adjudicate
his appeal of the appraisal review board's denial of the exemption for the property, then those
provisions violate his rights to due process, to access to the courts, and to open courts as guaranteed by
the United States and Texas constitutions. The Texas courts have held that the Tax Code's provisions do
not deny a taxpayer these rights. See Gen. Elec. Credit Corp. v. Midland Cent. Appraisal Dist., 808 S.W.
2d 169, 172 (Tex. App.-El Paso), rev'd in part on other grounds, 826 S.W.2d 124 (Tex. 1991) (per
curiam).