Legal Opinion

Gibson v. Tolbert

Texas Supreme Court

Decided March 27, 2003No. 02-0190PublishedCited by 122 opinions

1Opinion of the CourtJustice Enoch

James Tolbert is an indigent inmate who filed a pro se medical malpractice claim against Dr. Louis Gibson, a prison doctor who provided medical services to Tolbert. Tolbert asked the trial court to appoint counsel. The motion was never granted, and the trial court later dismissed the case. Tolbert appealed only the denial of appointed counsel. The court of appeals reversed the dismissal, holding that Tol-bert’s civil suit was an “exceptional case” requiring appointed counsel. 1 Without hearing oral argument, 2 we reverse the court of appeals’ judgment and hold that an indigent inmate does not…

2Cases cited7 opinions

  1. Travelers Indemnity Co. of Connecticut v. MayfieldTexas Supreme Court · 1996
  2. Knie v. Piskun, Texas Court of Appeals, 7th District (Amarillo)2000
  3. Hall v. Treon, Texas Court of Appeals, 9th District (Beaumont)2001
  4. Spigener v. Wallis, Texas Court of Appeals, 10th District (Waco)2002
  5. Coleman v. Lynaugh, Texas Court of Appeals, 1st District (Houston)1996

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3Cited by122 opinions

  1. In the Interest of E.R.W.Court of Appeals of Texas · 2017
  2. Wigfall v. Texas Department of Criminal Justice, Texas Court of Appeals, 1st District (Houston)2004
  3. In re StateTexas Supreme Court · 2018
  4. Bankhead v. Spence, Texas Court of Appeals, 10th District (Waco)2010
  5. Ex Parte Munoz, Texas Court of Appeals, 4th District (San Antonio)2004

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