Legal Opinion

Atkinson v. Carter

Court of Appeals of Texas

Decided March 1, 1990No. A14-90-112-CVPublishedCited by 4 opinions

1Opinion of the Court

OPINION

2Per curiam

Justice Holmes was referring to the common law when he observed, “The life of the law has not been logic; it has been experience.” O.W. Holmes, The Common Law 1 (1881). Jurisprudence under the Texas Election Code would make Holmes happy. This case is a mandamus action which involves the first amendment, federalism, forum selection, statutory requirements for judicial candidacy, and the permissible remedies for failure to satisfy those requirements.

I. Facts

At issue is the candidacy of Bonnie Fitch for the office of judge, Harris County Criminal Court at Law Number Thirteen. Relator Mark…

3Cases cited17 opinions

  1. Anderson v. CelebrezzeSupreme Court of the United States · 1983
  2. Jenness v. FortsonSupreme Court of the United States · 1971
  3. American Party of Texas v. WhiteSupreme Court of the United States · 1974
  4. Lubin v. PanishSupreme Court of the United States · 1974
  5. Munro v. Socialist Workers PartySupreme Court of the United States · 1986

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4Cited by4 opinions

  1. In Re BellTexas Supreme Court · 2002
  2. the Honorable George E. Risner v. Harris County Republican Party, Paul Simpson, Chair, and Leonila Salazar, Texas Court of Appeals, 1st District (Houston)2014
  3. Carter v. Fourteenth Court of AppealsTexas Supreme Court · 1990
  4. In Re BellTexas Supreme Court · 2002

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