The Texas Supreme Court did not release any opinions this Friday. It denied nine petitions for review and three requests for mandamus relief, without comment.
One of the rejected appeals involves a civil complaint about a panhandling arrest in Houston, which was dismissed on sovereign immunity grounds by the Fourteenth Court of Appeals. See Cronen v. City of Houston (Tex.App.- Houston [14th Dist.] Sep. 5, 2006, pet. denied)(Opinion by John S. Anderson). The Plaintiff had brought common law claims of wrongful arrest and imprisonment, rather than asserting a federal constitutional claim under Section 1983. The panel held that the wrongful arrest and imprisonment claims were barred by the intentional tort exclusion of the Texas Tort Claims Act.
Frozen Embryo Appeal On Its Way to the Supreme Court
In other supreme court news, a further motion for extension of time was filed in Cause No. 06-0554, the frozen embryo case from Houston, which is bound to yield a noteworthy decision if the Supremes agree to hear it. Randy Roman v. Augusta Roman, 193 S.W.3d 40 (Tex. App.—Houston [1st Dist.] 2006, pet. filed)(former spouses' in vitro fertilization agreement providing that the couple's fertilized eggs be discarded in the event of divorce found enforceable; family court judge's award of eggs to the wife reversed as error). Pending under No. 06-0554).
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