Legal Opinion

Dallas County District Attorney v. Doe

Texas Court of Appeals, 5th District (Dallas)

Decided May 25, 1998No. 05-97-02111-CVPublishedCited by 33 opinions

1Opinion of the Court

OPINION

KINKEADE, Justice.

Dallas County District Attorney John Vance and the State of Texas (collectively, the State) appeal the trial court’s declaratory judgment holding section 255.001 of the Tex as Election Code unconstitutional. 1 The issue presented is whether the civil district court properly exercised its equity jurisdiction to declare the statute unconstitutional. We conclude that the criminal district court and not the civil district court had jurisdiction to rule on the constitutionality of section 255.001. Accordingly, we vacate the trial court’s judgment and dismiss the case.

BACKGR…

2Cases cited10 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  3. State v. MoralesTexas Supreme Court · 1994
  4. Ex Parte EdoneCourt of Criminal Appeals of Texas · 1987
  5. Passel v. Fort Worth Independent School DistrictTexas Supreme Court · 1969

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3Cited by33 opinions

  1. Bourque v. State, Texas Court of Appeals, 5th District (Dallas)2005
  2. Beacon National Insurance Co. v. Montemayor, Texas Court of Appeals, 3rd District (Austin)2002
  3. Google, Incorporated v. James Hood, IIICourt of Appeals for the Fifth Circuit · 2016
  4. Texas Association of Business and William O. Hammond v. Ronald Earle, District Attorney, Travis County, TexasCourt of Appeals for the Fifth Circuit · 2004
  5. Reese v. City of Hunter's Creek Village, Texas Court of Appeals, 1st District (Houston)2003

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