Legal Opinion · Dissent

Texas Department of Public Safety v. James Patrick Steele

Texas Court of Appeals, 9th District (Beaumont)

Decided September 27, 2001No. 09-01-00035-CVPublished

1DissentBurgess, Justice

I respectfully dissent. Actually I concur where the majority states: . we cannot say that he judicially admitted to having a final conviction on the charge he sought to expunge.” This holding, in essence, affirms the case. I say this because the issue presented for review is:

Whether it is an abuse of discretion for a court to grant a petition for ex-punction when it was apparent from the record that the petitioner made a judicial admission in the petition for expunction that a plea of nolo contendré [sic] to a class B misdemeanor was made by the petitioner on the criminal charge that the…

2Cases cited18 opinions

  1. Prudential Insurance Co. of America v. Financial Review Services, Inc.Texas Supreme Court · 2000
  2. Roark v. AllenTexas Supreme Court · 1982
  3. Boyles v. KerrTexas Supreme Court · 1993
  4. Stone v. Lawyers Title Ins. Corp.Texas Supreme Court · 1977
  5. Englander Co. v. KennedyTexas Supreme Court · 1968

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