Legal Opinion

in the Interest of E.L.Y., a Child

Texas Court of Appeals, 10th District (Waco)

Decided March 27, 2002No. 10-01-00180-CVPublished

1Opinion of the Court

In the INterest of ELY a Child

IN THE

TENTH COURT OF APPEALS

No. 10-01-180-CV

IN THE INTEREST OF E.L.Y., A CHILD

From the 87th District Court

Freestone County, Texas

Trial Court # 99-226-B

DISSENTING OPINION

The rigors and expense of Anders and its progeny are for the appointment of counsel in criminal trials guaranteed by the Sixth Amendment and applied to the states through the Fourteenth Amendment. The federally recognized right to counsel in a termination of parental rights case is based only on the due process requirement of the Fourteenth Amendment. While the Sixth Amendment right to counsel…

2Cases cited13 opinions

  1. Justices of Boston Municipal Court v. LydonSupreme Court of the United States · 1984
  2. State Ex Rel. Hill v. PirtleCourt of Criminal Appeals of Texas · 1994
  3. Powell v. StateCourt of Criminal Appeals of Texas · 1995
  4. Ex Parte HarrellCourt of Criminal Appeals of Texas · 1976
  5. Graves v. Morales, Texas Court of Appeals, 3rd District (Austin)1996

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