Legal Opinion
McCluskey v. State
Texas Court of Appeals, 1st District (Houston)
Decided December 20, 2001No. 01-01-00410-CVPublishedCited by 23 opinions
1Opinion of the Court
OPINION
MURRY B. COHEN, Justice.
Do the decisions of the Texas Supreme Court or the Texas Court of Criminal Appeals govern the filing of late notices of appeal in the appeal of a bail-bond forfeiture? The two courts’ decisions conflict on how to interpret Tex.R.App. P. 26.3, and we must decide which to follow in order to decide if we have jurisdiction. We hold that the Texas Supreme Court’s holding controls the issue; consequently, we have jurisdiction.
John McCluskey appeals a default judgment rendered against him, as surety, in a bond-forfeiture case. We affirm.
Jurisdiction
The State argues we…
2Cases cited16 opinions
- Olivo v. StateCourt of Criminal Appeals of Texas · 1996
- Verburgt v. DornerTexas Supreme Court · 1998
- Holt Atherton Industries, Inc. v. HeineTexas Supreme Court · 1992
- State v. SellersCourt of Criminal Appeals of Texas · 1990
- Alvarez v. StateCourt of Criminal Appeals of Texas · 1993
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Garza v. Hibernia National Bank, Texas Court of Appeals, 1st District (Houston)2007
- Spradlin v. State, Texas Court of Appeals, 1st District (Houston)2003
- Safety National Casualty Corp. v. StateCourt of Criminal Appeals of Texas · 2010
- Strange v. State, Texas Court of Appeals, 1st District (Houston)2008
- Olivarez v. State, Texas Court of Appeals, 10th District (Waco)2006
18 more not listed; retrieve them via the Exa API.