Legal Opinion

Bankhead v. Spence

Texas Court of Appeals, 10th District (Waco)

Decided March 24, 2010No. 10-09-00171-CVPublishedCited by 14 opinions

1Opinion of the Court

OPINION

FELIPE REYNA, Justice.

Prison inmate Damon Bankhead appeals from the dismissal of the health care liabil ity claim he filed against David T. Spence, a prison dentist. Bankhead contends in three issues that: (1) the court’s denial of his motion for appointed counsel constitutes a “due process/open courts violation”; (2) the expert report requirement of section 74.351 of the Civil Practice and Remedies Code is an “exceptional circumstance” requiring the appointment of counsel; and (3) the dismissal of his claim denied him due process of law. We will affirm.

Open Courts

Bankhead contends in…

2Cases cited21 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Armstrong v. ManzoSupreme Court of the United States · 1965
  3. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  4. Walker v. GutierrezTexas Supreme Court · 2003
  5. Texas Workers' Compensation Commission v. Patient Advocates of TexasTexas Supreme Court · 2004

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3Cited by14 opinions

  1. Richard Hebert and Janet Hebert v. Timothy E. Hopkins, M.D., and Shannon Clinic, Texas Court of Appeals, 3rd District (Austin)2013
  2. Doan v. Christus Health Ark-La-Tex, Texas Court of Appeals, 6th District (Texarkana)2010
  3. Doan v. Christus Health Ark-La-Tex, Texas Court of Appeals, 6th District (Texarkana)2010
  4. Gary Lynn Fomby v. Manorcare-Sharpview of Houston Texas, LLC and Sharpview SNF Management, LLC, Texas Court of Appeals, 1st District (Houston)2021
  5. Jimmie Harris, Administrator of the Estate of Jerry Yeager v. Dr. Hiren Patel and Healthsouth Rehabilitation Hospital, Texas Court of Appeals, 6th District (Texarkana)2011

9 more not listed; retrieve them via the Exa API.

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