in the Matter of W.A.M.P.
This text of in the Matter of W.A.M.P. (in the Matter of W.A.M.P.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Remanded and Memorandum Opinion and Memorandum Concurring Opinion filed July 28, 2022.
In The
Fourteenth Court of Appeals
NO. 14-21-00105-CV
IN THE MATTER OF W.A.M.P.
On Appeal from the 315th District Court Harris County, Texas Trial Court Cause No. 2020-00197J
MEMORANDUM CONCURRING OPINION
I reluctantly dispose of issue 4 on factual sufficiency in the court’s opinion because I recognize that current Texas jurisprudence continues to wish Texas Constitution article V, section 6—the factual conclusivity clause—away in criminal and quasi-criminal cases. See Tex. Const. art. V, § 6.
While I believe that Brooks v. State is constitutionally unsound, Brooks remains the controlling case law and this court has followed along in juvenile-justice cases as well. Brooks, 323 S.W.3d 893 (Tex. Crim. App. 2010). Hoping that things will not always be this way, I reluctantly concur in the judgment regarding factual sufficiency.
/s/ Charles A. Spain Justice
Panel consists of Justices Wise, Spain, and Hassan.
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