Sunday, June 1, 2008

Family Reunification Week at the Texas Supreme Court

FLDS-YFZ kids to be released by CPS and returned to their Moms; Dad held in contempt without notice of charges returned to his kids. (In more mundane appellate litigation news from the capitol, Justice Medina writes opinion on district's authority to regulate extraction and use of ground-water).

Guitar Holding Co. LP vs. Hudspeth County Underground Water Conservation District, No. 06-0904 (Tex. May 30, 2008)
(Justice Medina) (water rights) (13 page opinion in pdf)
GUITAR HOLDING COMPANY, L.P. v. HUDSPETH COUNTY UNDERGROUND WATER CONSERVATION DISTRICT NO. 1, ET AL.; from Hudspeth County; 8th district (08-04-00296-CV and 08-05-00115-CV, 209 S.W.3d 172, 08-31-06)
The Court reverses the court of appeals' judgment and renders judgment.
Justice David Medina authored the opinion of the Court.

Supreme Court grants habeas corpus relief in criminal child support contempt case on due process grounds

In Re Zandi, No. 07­0919 (Tex. May 30, 2008)(per curiam)
(child support contempt, habeas corpus granted, due process)
IN RE REZA ZANDI; from Denton County; 2nd district (02-07-00348-CV, ___ S.W.3d ___, 10-18-07) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the petition for writ of habeas corpus is granted and relator is ordered discharged. Per Curiam

Opinions released May 29, 2008

Supreme Court agrees with Third Court of Appeals to undo CPS anti-polygamy "class-action" against FLDS parents and kids, at least with respect to emergency foster care resulting from the child snatching raid. High Court approves decision of the Austin court of appeals to return the children to their mothers, stating that trial court judge may impose other, less drastic restrictions - if warranted - while the case remains pending. Supreme Court, too, issues its opinion per curiam, but not unanimously.

In re TDFPS (CPS), No. 08-0391 (Tex. May 29, 2008)(per curiam)
(CPS case against FLDS sect, Texas Supreme Court family law decisions)
IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Schleicher County; 3rd district (03-08-00235-CV, ___ S.W.3d ___, 05-22-08) motion for emergency relief denied Per Curiam Opinion
O'Neill delivered an opinion concurring in part and dissenting in part, in which Justice Johnson and Justice Willett joined.

In re Texas DFPS (CPS), No. 08-0403 (Tex. May 29, 2008)(per curiam) (CPS mass custody case) (companion case)
03-08-00298-CV, ___ S.W.3d ___, 05-22-08)motion for emergency relief deniedmotion to exceed page limit granted
Per Curiam Opinion
Justice O'Neill, joined by Justice Johnson and Justice Willett, concurring in part and dissenting in part for the reasons explained in Justice O'Neill's separate opinion in No. 08-0391.

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