Texas Courts of Appeals

src: 1.bp.blogspot.com

The Texas Court of Appeal is part of the Texas judicial system. In Texas, all cases of appeals from district and local, criminal and civil courts, went to one of the fourteen Texas Court of Appeals, with one exception: death penalty cases. The latter was taken directly to the Texas Criminal Court of Appeals, Texas's highest court for criminal matters. The last-choice court for civil cases is the Texas Supreme Court. The number of judges in each of the secondary courts is determined by law.

The total number of appellate court seats today is 80, ranging from three to thirteen per court. To equalize the caseload, the Texas Supreme Court regularly transfers a collection of cases from one court to another. The transferee court must then apply the court case law from which the case was sent, and not the case itself. An appeals court of more than three judges listens and decides cases in panel three. Sometimes, all courts sit in to reconsider previous panel decisions and to ensure consistency within the jurisprudence of the courts. The en banc process is also used to override the precedent from the same court that the panel is bound. The precedent set up by the appeals court binds a lower court in his district.

The Fourteenth and Fourteenth Appeals Courts, sitting in Houston, have overlapping appeals districts, and sometimes submit conflicting decisions to the same legal issue. Such a conflict can ultimately be resolved by the High Court whose decision on legal issues binds all state courts.

Federal courts sitting in Texas apply state law when the case is not controlled by federal law or by other jurisdictional law under the choice of legal contract or other basis for the application of different jurisdictional laws. It is not uncommon for federal district courts sitting in Texas and the Fifth US Court of Appeal make a conjecture as to how the Texas Supreme Court will decide on state law matters that have not been resolved due to the conflict between the intermediate courts. Such problems can also be referred to the Texas Supreme Court by certified questions, but this procedure is rarely used.

Like Judge of the Supreme Court of Texas and Judge of the Court of Appeal Court, Judge of Texas Banding High Court was elected in partial election for a six-year term. However, many were initially appointed by the Governor of Texas to fill the vacancy and then run as the position holder in the next election.

Video Texas Courts of Appeals

History

The civil appeals court in Texas was established in 1891 by constitutional amendments to help deal with the increasing burden of the judicial system. They have jurisdiction to adjudicate appeals and the mandate of any civil case from their territory, to the territories decided by the legislature. The amendment stipulates that a three-judge appeals court must be made by the legislature, and in 1892, the legislature created 3 appeals courts: the First Civil Appeals Court in Galveston, the Second Civil Appeal Court in Fort Worth, and the Third Civil Appeal Court in Austin. In 1893, the legislature created the Fourth Court of Justice Appeal in San Antonio outside the territory taken from the first and third courts, and the Fifth Appeal Court in Dallas. In 1907, the legislature created the Sixth Court of Appeals in Texarkana. Then in 1911, the Seventh Appellate Court in Amarillo and the Eighth Appeal Court in El Paso was created. Soon after, the Ninth Civil Appeal Court was created at Beaumont in 1915, the Tenth was created in Waco in 1923, and the Eleventh was created at Eastland in 1925.

In 1957, after Hurricane Audrey was badly damaged at the Galveston Courthouse, the legislature moved the First Appellate Court to Houston (where he sat today) and asked Harris County to provide the facility.

It was not until the 1970s that more trials were made with the Twelfth Tribunal of the Second Tribunal in Tyler, thirteen in Corpus Christi, and fourteen in Houston (made with concurrent jurisdiction with the First Court of Civil Appeal)

In 1977, the legislature increased the number of judges from various courts and courts authorized to sit on "panels" of not less than three judges.

On September 1, 1981, all Civil Appeals Courts were granted criminal jurisdiction, and in 1985 a constitutional amendment was ratified so that all courts were known as "Court of Appeals" instead of "Civil Appeals Court." Until 1981, all direct criminal appeals were filed to the Texas Criminal Court of Appeals, and all cases involving the death penalty were still committed.

Maps Texas Courts of Appeals

Jurisdiction

There are fourteen District Court of Texas Appeals (in order):

1. The First Texas - Houston (formerly Galveston) Texas First Court of Appeal covers Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller, and County Washington
2. The Texas - Fort Worth Second Court of Appeal covers Archer, Clay, Cooke, Denton, Hood, Jack, Montague, Parker, Tarrant, Wichita, Wise, and Young districts
3. Third Texas Court of Appeal - Austin, including Bastrop, Bell, Blanco, Burnet, Caldwell, Coke, Comal, Concho, Fayette, Hays, Irion, Lampasas, Lee, Llano, McCulloch, Milam, Mills, Runnels, San Saba, Schleicher, Sterling, Tom Green, Travis, and Williamson County
4. The Texas Appellate Court - San Antonio, covering Atascosa, Bandera, Bexar, Brooks, Dimmit, Duval, Edwards, Frio, Gillespie, Guadalupe, Jim Hogg, Jim Wells, Karnes, Kendall, Kerr, Kimble, Kinney, La Salle, Mason, Maverick, McMullen, Madinah, Menard, Real, Starr, Sutton, Uvalde, Val Verde, Webb, Wilson, Zapata, and Zavala County
5. The 5th Texas Court of Appeal - Dallas, including Collin, Dallas, Grayson, Hunt, Kaufman and County Rockwall
6. The Texarkana Texas Court of Appeal covers Bowie, Camp, Cass, Delta, Fannin, Franklin, Gregg, Harrison, Hopkins, Hunt, Lamar, Marion, Morris, Panola, Red River, Rusk, Titus, Upshur and Wood districts
7. The Seventh Texas Appeal Court - Amarillo, including Armstrong, Bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Floyd, Foard, Garza, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Lamb Lipscomb, Lubbock Lynn Moore Motley Ochiltree Oldham Parmer Potter Randall Roberts Sherman Swisher Terry Wheeler Wilbarger, and Yoakum counties.
8. The Eight Texas Court of Appeals - El Paso, covering Andrews, Brewster, Crane, Crockett, Culberson, El Paso, Hudspeth, Jeff Davis, Loving, Pecos, Presidio, Reagan, Reeves, Terrell, Upton, Ward, and Winkler county
9. Ninth Court of Appeals of Texas - Beaumont, including Hardin, Jasper, Jefferson, Liberty, Montgomery, Newton, Orange, Polk, San Jacinto, and Tyler County
10. The Tenth Appeals Court of Texas - Waco, encompassing Bosque, Brazos, Burleson, Coryell, Ellis, Falls, Freestone, Hamilton, Hill, Johnson, Leon, Limestone, Madison, McLennan, Navarro, Robertson, Somervell and Walker County
11. The eleven Texas-Eastland Court of Appeal covers Baylor, Borden, Brown, Callahan, Coleman, Comanche, Dawson, Eastland, Ector, Erath, Fisher, Gaines, Glasscock, Haskell, Howard, Jones, Knox, Martin, Midland, Mitchell , Nolan, Palo Pinto, Scurry, Shackelford, Stephens, Stonewall, Taylor, and Throckmorton districts
12. The Twelfth Texas - Tyler Court of Appeal covers Anderson, Angelina, Cherokee, Gregg, Henderson, Houston, Nacogdoches, Rains, Rusk, Sabine, San Augustine, Shelby, Smith, Trinity, Upshur, Van Zandt, and Wood County
13. The Thirteen Texas Court of Appeals - Corpus Christi, covering Aransas, Bee, Calhoun, Cameron, De Witt, Goliad, Gonzales, Hidalgo, Jackson, Kenedy, Kleberg, Lavaca, Live Oak, Matagorda, Nueces, Refugio, San Patricio , Victoria, Wharton, and Willacy district
14. The Houston Court of Texas - Fourteenth Appeal, including Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller, and County Washington

The 1st and 14th Court of Appeals share the same jurisdiction of appeal in the same area. Cases are assigned randomly. Per local rules, cases with previous appeals history (interim appeals or previous mandate requests) are assigned or transferred to a court of record of previous issues. An appeal of a party must disclose the history of the previous appeal. Thanks to the Texas Supreme Court's document equity program, The First and Fourteenth also heard cases being transferred from other appeals courts.

Gregg, Rusk, Upshur and Wood districts are in the jurisdictions of the 6th and 12th Courts, while Hunt County is in the jurisdictions of the 5th and 6th Judges.

src: 1.bp.blogspot.com

References

Source of the article : Wikipedia