[DOWNLOAD] "Matter M. R." by Supreme Court of Texas No. D-3583 # Book PDF Kindle ePub Free
eBook details
- Title: Matter M. R.
- Author : Supreme Court of Texas No. D-3583
- Release Date : January 16, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
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Per Curiam The issue here is the applicability of the Texas Rules of Civil Procedure to juvenile delinquency proceedings.
The court of appeals concluded that juvenile proceedings are governed only as far as practicable by the rules of civil procedure.
846 S.W.2d at 100. The court of appeals wrote that, because of the quasi-criminal nature of juvenile delinquency proceedings,
the better practice would be to address factual sufficiency and juror misconduct complaints of juveniles despite their failure
to file a motion for new trial. 846 S.W.2d at 101. The court of appeals affirmed the judgment adjudicating the juvenile a
delinquent because the evidence was factually sufficient under the "beyond a reasonable doubt" standard. Since the discussion
of whether the Rules of Civil Procedure applied was unnecessary to its judgment, we deny both applications for writ of error
in this case. Before 1973 we held that juvenile proceedings were governed "as far as practicable" by the rules of civil procedure. Brenan
v. Court of Civil Appeals, Fourteenth Dist., 444 S.W.2d 290, 292 (Tex. 1968). In 1973, with the enactment of Title 3 of the
Texas Family Code, however, the legislature replaced the "as far as practicable" limitation with the provision that "Except
when in conflict with a provision of this title, the Texas Rules of Civil Procedure govern proceedings under [Title 3]." TEX.FAM.CODE
Âç 51.17. Nothing in Title 3 conflicts with the Rules of Civil Procedure requirement of motions for new trial as a prerequisite
to assert evidentiary and procedural errors, including factual sufficiency and juror misconduct challenges. TEX.R.CIV.P. 324(b).
We disapprove the court of appeals' holding that juveniles appealing delinquency judgments are exempt from this procedural
requirement.