State v. Morales

in which GONZALEZ, HIGHTOWER, HECHT and ENOCH, Justices join.

Equity jurisdiction does not flow merely from the alleged inadequacy of a remedy at law, nor can it originate solely from a court’s good inteñtions to do what seems “just” or “right;” the jurisdiction of Texas courts — the very authority to decide eases — is conferred solely by the constitution and the statutes of the state. 1

In this state’s bifurcated system of civil and criminal jurisdiction, a civil court has jurisdiction to declare constitutionally invalid and enjoin the enforcement of a criminal statute only when (1) there is…