M.C., in Re

932 S.W.2d 35, 1995 Tex. App. LEXIS 3349
CourtCourt of Appeals of Texas
DecidedJune 22, 1995
DocketNo. 11-94-041-CV
StatusPublished
Cited by2 cases

This text of 932 S.W.2d 35 (M.C., in Re) 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.

Bluebook
M.C., in Re, 932 S.W.2d 35, 1995 Tex. App. LEXIS 3349 (Tex. Ct. App. 1995).

Opinion

OPINION

DICKENSON, Justice.

The Texas Department of Protective and Regulatory Services (TDPRS) filed suit to terminate the parental rights of L.C., a young mother, to three of her four children.1 Following a jury trial, judgment was rendered on the jury’s verdict that the mother’s parental rights be terminated, and she appeals. We reverse in part the judgment of the trial court, and we render judgment that the parental rights of L.C. not be terminated. We affirm the trial court’s order appointing TDPRS managing conservator of the children.

Background Facts

L.C. was bom on August 30, 1972. She was 18 years old on June 24,1991, when this lawsuit was filed. Her fourth child was bom while this suit was pending in the trial court. L.C. testified that she went to the ninth grade in school, but she also testified that she is not able to read and write. Her children and their dates of birth are:

(1) M.C., male, born November 26, 1986 (alleged father is J.W.);
(2) D.C., female, bom September 18, 1988 (alleged father is E.M.);
(3) C.W., male, bom July 21, 1990 (alleged father is G.L.W.); and
(4) K.D.C., female, bom March 16, 1992 (alleged father was not named; termination of parent-child relationship was not sought).

The Jury’s Verdict

The jury was instructed on the first three questions that “termination” means that the parent-child relationship between the parent and the child is ended; that “clear and convincing evidence” means the measure or degree of proof that produces in your mind a firm belief or conviction as to the truth of the allegations; and that for the parent-child relationship between L.C. and each of the three children to be terminated:

[I]t must be proven by clear and convincing evidence that at least one of the following events has occurred:
(1) The parent has knowingly placed or knowingly allowed the child to remain in conditions or surroundings which endanger the physical or emotional well-being of the child, or
(2) The parent has engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child.

The jury was instructed that “endanger” means to expose to loss or injury and that “endanger” means more than “the possible ill effects of a less than ideal family environment.” The jury was also instructed that in order to terminate the parent-child relationship:

In addition, it must also be proven by clear and convincing evidence that termination of the parent-child relationship would be in the best interest of the child.

The questions submitted to the jury and the jury’s answers are shown below:

1. Should the parent-child relationship between [L.C., the mother] and the child [M.C.] be terminated?
Answer: yes
[37]*372. Should the parent-child relationship between [L.C., the mother] and the child [D.C.] be terminated?
Answer: yes
3. Should the parent-child relationship between [L.C., the mother] and the child [C.W.] be terminated?
Answer: yes
4. Who should be appointed managing conservator of the child [M.C.]? Texas Department of Protective & Regulatory Services
5. Who should be appointed managing conservator of the child [D.C.]? Texas Department of Protective & Regulatory Services
6. Who should be appointed managing conservator of the child [C.W.]? Texas Department of Protective & Regulatory Services

Points of Error

Appellant has briefed seven points of error. First, she argues that the trial court erred in refusing to grant her motion for mistrial because TDPRS exercised a peremptory challenge to exclude one potential juror on the basis of race. She argues in Points 2 through 5 that there is no evidence and insufficient evidence to support the jury’s answers to Questions 1 through 3. Finally, she argues in Points 6 and 7 that the jury’s finding that TDPRS, rather than the mother, should be appointed managing conservator of each of the three children was contrary to the overwhelming weight and preponderance of the evidence. We overrule Points 1, 6, and 7. Points 2, 3, and 5 become moot because we sustain Point 4.2

Peremptory Challenge to Juror

Before the jury was impanelled, appellant’s attorney objected to the peremptory challenge by TDPRS to one of the members of the jury panel. The record shows in pertinent part the following discussion by the attorneys and the trial court judge:

MR. CASTRO: Your Honor, my objection is based on the fact that I don’t recall any direct questions that I can recall that the State asked Mr. Munoz to warrant the fact that he was stricken by the State with a preemptory (sic) challenge.... I believe and our contention is, Your Honor, that he was stricken on the basis of race only being hispanic, Mexican-Ameriean, and for the record, my name is Isaac Castro and I am a hispanic male and there is no other reason that I can see or that is given or was adduced for striking this particular jury panel member and we object to the array.
* * * ⅜ ⅜ *
MR. CARTER: Well, I’ve got two responses as to why I struck this potential juror and they had nothing to do with the man’s race. First of all, Cynthia Asbury, when I was talking with her about what her impressions were of the jury, told me that it is her impression that the man was starting to fall asleep when we were doing the voir dire and he seemed disinterested.... Primarily, the reason was that I was told that he looked like very disinterested and looked like he was almost falling asleep while we were doing the voir dire.3 ⅜ ⅜ ⅜ ⅜ ⅜
THE COURT: All right, the Court is going to find that Juror No. 2, Moses Munoz, was ... struck for a racially neutral reason for his Back of] attentiveness [38]*38and so forth as testified to by these witnesses, that no pattern of racial strikes occurred and therefore, the Batson motion by Mr. Castro will be denied.

The United States Supreme Court held in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), that the prosecutor’s use of racially motivated peremptory challenges in a criminal case violates the United States Constitution. The holding in Batson was extended to civil suits in Edmonson v. Leesville Concrete Company, Inc., 500 U.S. 614, 111 S.Ct. 2077, 114 L.Ed.2d 660 (1991). Even so, we find that the evidence supports the trial court’s ruling that the potential juror was peremptorily challenged for a racially neutral reason. Therefore, Point of Error No. 1 is overruled.

Termination of Parent-Child Relationships

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Related

In the Interest of J.A.J.
243 S.W.3d 611 (Texas Supreme Court, 2007)
In Re MC
932 S.W.2d 35 (Court of Appeals of Texas, 1996)

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Bluebook (online)
932 S.W.2d 35, 1995 Tex. App. LEXIS 3349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mc-in-re-texapp-1995.