Legal Opinion · Dissent

Fain v. State

Texas Court of Appeals, 3rd District (Austin)

Decided March 4, 1999No. 03-95-00427-CRPublished

1Dissent

JOHN F. ONION, Jr., Justice,

dissenting.

I respectfully dissent. As author of the original panel opinion for this Court, I firmly believe that the instant case was properly disposed of in that opinion on the basis of the unassigned error. The issue presented is whether the 277th Judicial District Court of Williamson County, with the instant murder case pending on its docket, could constitutionally and legally sit and try the case in Smith County rather than in Georgetown, the county seat of Williamson County.

This case presents a highly unusual set of facts and procedures unlike any other case…

2Cases cited44 opinions

  1. Arizona v. FulminanteSupreme Court of the United States · 1991
  2. Marin v. StateCourt of Criminal Appeals of Texas · 1993
  3. Cain v. StateCourt of Criminal Appeals of Texas · 1997
  4. Fairfield v. StateCourt of Criminal Appeals of Texas · 1981
  5. Matchett v. StateCourt of Criminal Appeals of Texas · 1996

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