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Due Process

Summaries

KP-0213
Ken Paxton

Disclosure obligations of criminal district attorney under Code of Criminal Procedure article 39.14 when information is protected by attorney-client privilege or confidential under other law|Imputing knowledge from assistant criminal district attorneys performing civil duties to the prosecutor as "the State" for purposes of Code of Criminal Procedure article 39.14

GA-0113
Greg Abbott

Preventing the execution of process, offense of, not void for vagueness|Refusal of employee to admit process server to area of business designated by employer as "private" is not an offense under section 38.16(a) of Penal Code, because, as thus applied, statute runs afoul of Fourth Amendment to United States Constitution|Section 38.16 of Penal Code, which creates offense for preventing the execution of process, is not on its face void for vagueness

GA-0260
Greg Abbott

Grandparent access statute, section 153.433 of the Family Code is constitutional on its face but may be unconstitutionally applied

GA-0461
Greg Abbott

Procedural due process under the Mathews v. Eldridge factors, an indigent parent in termination proceeding is entitled to non-appellate transcripts of hearings and depositions when required by|Procedural due process under the Mathews v. Eldridge factors, an indigent parent in termination proceeding is entitled to non-appellate transcripts of hearing and depositions when required by|Court reporter's record for appeal, county is obligated to pay for when it has been ordered to do so by the court under the Family Code|County bears "reasonable expense" of non-appellate transcripts to which indigent parent in a termination proceeding is entitled

GA-0526
Greg Abbott

Residence restrictions on sex offenders, whether a home-rule municipality constitutionally may adopt|Sex offenders, state law does not preempt a home-rule municipality's authority to adopt residence restrictions on|Residence restriction on sex offenders, a general-law municipality has no authority to adopt|Residence restrictions on sex offenders, state law does not preempt a home-rule municipality's authority to adopt

GA-0695
Greg Abbott

Business licensing statute that closely tracked Arizona Legal Workers Act would be upheld if Fifth Circuit Court of Appeals adopted reasoning of Ninth Circuit Court of Appeals

DM-0123
Dan Morales

Resolution requiring payment of additional amount in court costs, state provision authorizing commissioners court to adopt is unconstitutional

DM-0352
Dan Morales

School district's authority to sell paging device seized from student|Seizure of leased paging device in possession of student by school district|Due process, school district's seizure of leased paging device in possession of student|Paging device in possession of student, seizure of by school district|Property seized from student, school district's authority to use and dispose of

DM-0392
Dan Morales

Jury room, presence of interpreter for deaf or hearing-impaired juror will not violate due process rights of criminal defendant|Americans with Disabilities Act, deaf or hearing-impaired juror must be provided with interpreter to guarantee right of access to court mandated by|Deaf or hearing-impaired juror must be provided with interpreter to guarantee right of access to court mandated by Americans with Disabilities Act

DM-0410
Dan Morales

Protested proposed replat application requiring variance, three-fourths vote requirement is constitutional|Protested replat application, municipal authority must certify reasons for action taken on application only if owner requests|Supermajority vote when neighbors protest proposed replat requiring variance, three-fourths vote requirement is constitutional

DM-0411
Dan Morales

Grand jury room, presence of interpreter for deaf grand juror will not violate due process rights of subject of grand jury investigation|Americans with Disabilities Act, deaf or hearing-impaired grand juror must be provided with interpreter to guarantee right of access to court mandated by|Child subject of juvenile detention hearing, deaf or hearing impaired custodial relative of who is not party or witness in proceedings is not entitled to interpreter|Deaf or hearing impaired grand juror must be provided with interpreter to guarantee right of access to court mandated by Americans with Disabilities Act

DM-0414
Dan Morales

Suspend temporarily license of vehicle emissions inspection station or inspector without a hearing, quality assurance officer may without violating due process rights|Due process clause, quality assurance officer's power to temporarily suspend license of vehicle emissions inspection station or inspector without a hearing does not violate|Vehicle emissions inspection station or inspector, quality assurance officer may temporarily suspend license of without a hearing in accordance with federal law|Suspend license temporarily without a hearing, due process requirements|Vehicle emissions inspection station or inspector, quality assurance officer may temporarily suspend license of without a hearing|Emissions inspection station or inspector, quality assurance officer who temporarily suspends license of without a hearing does not violate due process rights|Vehicle emissions inspection station or inspector, quality assurance officer who temporarily suspends license of without a hearing does not violate due process rights

DM-0419
Dan Morales

Student loans, federal statute permitting Texas Guaranteed Student Loan Corporation to garnish wages of defaulters on federally-guaranteed loans overrides anti-garnishment provision of state constitution|Warrant for compensation is valuable property, statutory scheme for withholding should afford employee notice and hearing|Garnishment by comptroller of state employee wages to collect guaranteed student loans, permissibility under article XVI, section 28|Anti-garnishment provision of state constitution, federal statute permitting garnishment of wages of defaulters on federally-guaranteed loans overrides|Texas Guaranteed Student Loan Corporation, authority to garnish state and county employee wages|Garnishment of wages to collect guaranteed student loans|Salary warrants, authority to withhold from state employees who default on guaranteed student loans

DM-0446
Dan Morales

University Interscholastic League, board of school trustees has discretionary authority to join and agree to comply with rules of|Participation in extracurricular activities, public student's interest in is not a property right|Participation in extracurricular activities, public student's interest in is not fundamental right

JC-0035
John Cornyn

Solid-waste collection, home-rule municipality may adopt ordinance requiring residential construction contractor to use franchisee selected by the City for weekly residential and commercial|Protected right to collect or to contract with hauling company of choice, within municipal jurisdiction neither private solid-waste hauling company nor residential construction contractor have

JC-0070
John Cornyn

Due process, Texas courts traditionally have interpreted state requirement to be coextensive with federal requirements|Polygraph examination, examinee not entitled to counsel during|Self-incrimination, polygraph examinee may have right to claim privilege against|Polygraph examiner who learns during course of examination that child may have been abused or neglected must report suspicion|Agency designated by the court to be responsible for the protection of children|General statute that conflicts with special statute, special statute is an exception to the general statute unless general statute was enacted later and manifestly intended to prevail

JC-0211
John Cornyn

Hair and beard, State Board of Barber Examiners has authority to distinguish between for purposes of enforcing provisions in Occupations Code|Hair and beard, distinction between not void for vagueness on its face; but State Board of Barber Examiners should clarify by rule to avoid vagueness problem in applying statute|Hair and beard, Board has authority to distinguish between for purposes of enforcing provisions in Occupations Code|Hair and beard, distinction between not void for vagueness on its face; but Board should clarify by rule to avoid vagueness problem in applying statute