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Category Archives: Reversible Error

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Texas Supreme Court Orders & Opinion 10/19/07

Posted in Reversible Error, Supreme Court Orders

The Texas Supreme Court issued one opinion with today’s orders.  In Yancy v. United Surgical Partners Inc. (05-0925), a summary judgment case, the Court held that the two-year statute of limitations in the former Medical Liability Act did not violate the Texas Constitution’s open courts guarantee on the record presented.  Although the Court concluded that… Continue Reading

Failure to Include Instruction on Burden of Proof Was Harmless Error

Posted in Jury Charges, Opinions & Judgments, Reversible Error

In Barrigan v. MHMR Services for the Concho Valley, the Third Court of Appeals has held that failure to include an instruction on the burden of proof in the jury charge was harmless error because the jury was instructed about the proper burden when trial began and appellant’s counsel emphasized the proper burden throughout the… Continue Reading