Legal Opinion · Concurrence

Jack v. State

Texas Court of Appeals, 1st District (Houston)

Decided January 10, 2002No. 01-00-00953-CRPublished

1ConcurrenceMurry B. Cohen, Justice

Why have courts of law at all? This case makes me wonder.

I thought this case was about the constitutional right to counsel. But the dissenting opinions mention rarely mention that. Instead, they lament at length that this Court is wasting judicial resources with “newly crafted” Jack remands in our attempt to protect the right to counsel during a critical stage of a criminal proceeding.

I say:

• Courts do not exist to conserve judicial resources. Courts exist to expend judicial resources, and they should cheerfully do so to protect constitutional rights, such as the right to counsel. If courts…

2Cases cited13 opinions

  1. Oldham v. StateCourt of Criminal Appeals of Texas · 1998
  2. McIntire v. StateCourt of Criminal Appeals of Texas · 1985
  3. Ward v. StateCourt of Criminal Appeals of Texas · 1987
  4. Smith v. StateCourt of Criminal Appeals of Texas · 2000
  5. Burnett v. State, Texas Court of Appeals, 1st District (Houston)1997

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