By
Robert O. Dawson
Bryant Smith Chair in Law
University of Texas School of Law
2001 Case Summaries 2000 Case Summaries 1999 Case Summaries
Texas Supremes deny review in case raising
applicability of Chapter 55 to release/transfer hearings under the determinate
sentence act [In re B.D.] (01-1-03).
On December 7, 2000, the Texas Supreme Court denied review in a case raising
the question whether Chapter 55 applies to a person 18 or older who is the
subject of a release/transfer hearing under the determinate sentence act.
According to a concurrence, the court denied review because the issue had not
been preserved in the trial court.
¶ 01-1-03. In the Interest of B.D., ___ S.W.3d ___, 2000 WL 1784627, 2000
Tex.App.Lexis ___ (Tex. 12/7/00)[Texas Juvenile Law (5th Edition 2000)].
On Petition for Review from the Court of Appeals for the First District of
Texas.
Petition for Review Denied.
CONCURRING OPINION
Justice Owen, joined by Justice Hecht, concurring in the denial of petition for
review.
The significant issue in this case is whether the juvenile court had
jurisdiction under Texas Family Code sections 55.01 and 55.02 [FN1] to order
mental health proceedings for a person over the age of 18 when he appeared
before the court at a hearing to determine whether he should be transferred from
the Texas Youth Commission to the Texas Department of Criminal Justice
Institutional Division. However, the Court cannot reach this issue because it
was not properly preserved in the trial court. The court of appeals should not
have addressed the issue for the same reason. 16 S.W.3d 77 (Tex.App.--Houston
[1st Dist.] 2000). Had the issue been preserved, I would have been in favor of
granting this petition for review.
FN1. Although these provisions have since been amended by Act of May 27, 1999, 76th Leg., R.S., ch. 1477, § 14, 1999 Tex.Gen.Laws 5067, 5072-83, the amendments are not applicable to this case.