Legal Opinion

Texas Department of Public Safety v. Story

Texas Court of Appeals, 10th District (Waco)

Decided July 9, 2003No. 10-97-258-CVPublishedCited by 24 opinions

1Opinion of the Court

OPINION

REX D. DAVIS, Chief Justice.

This appeal requires us to balance the State’s legitimate interest in regulating driver’s licenses with the right of a licensed driver to a meaningful review of an administrative suspension of his license. We must balance these competing interests with regard to a videotape considered by the administrative law judge (the “ALJ”) who sustained the suspension of *590Billy Bernice Story’s license which videotape the State Office of Administrative Hearings (“SOAH”) subsequently misplaced when preparing the administrative record for review by the County Court at Law…

2Cases cited49 opinions

  1. Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
  2. Evitts v. LuceySupreme Court of the United States · 1985
  3. Mayhew v. Town of SunnyvaleTexas Supreme Court · 1998
  4. McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of Business RegulationSupreme Court of the United States · 1990
  5. Texas Health Facilities Commission v. Charter Medical-Dallas, Inc.Texas Supreme Court · 1984

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3Cited by24 opinions

  1. John J. Rogers, Jr. James R. Winton and Burl Richardson v. Texas Board of Architectural Examiners, Texas Court of Appeals, 3rd District (Austin)2011
  2. In Re DM, Texas Court of Appeals, 10th District (Waco)2007
  3. Gomez v. Texas Education Agency, Educator Certification & Standards Division, Texas Court of Appeals, 3rd District (Austin)2011
  4. State of Texas' Agencies & Institutions of Higher Learning v. Public Utility CommissionCourt of Appeals of Texas · 2014
  5. Texas Department of Public Safety v. SmithCourt of Appeals of Texas · 2017

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