Michelle Shircliff v. the State of Texas

CourtCourt of Appeals of Texas
DecidedSeptember 21, 2022
Docket10-18-00206-CR
StatusPublished

This text of Michelle Shircliff v. the State of Texas (Michelle Shircliff v. the State of Texas) 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
Michelle Shircliff v. the State of Texas, (Tex. Ct. App. 2022).

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-18-00206-CR

MICHELLE SHIRCLIFF, Appellant v.

THE STATE OF TEXAS, Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2015-1821-C1

CONCURRING OPINION

In the appropriate circumstances, the result is all that matters. In other

circumstances, the result is less important than the process. Process versus result—Bing

it. We should apply Smith, not reverse it. See Smith v. State, 10-19-00134-CR, 2021 Tex.

App. LEXIS 7282 (Tex. App.—Waco Aug. 31, 2021, pet. ref’d) (not designated for

publication). Appellant’s brief is a merits brief. See Cummins v. State, 646 S.W.3d 605 (Tex.

App.—Waco 2022, pet. filed).

The Court’s ultimate result, as expressed in the judgment, is the correct result in this proceeding. I concur in the Court’s judgment. But only the Judgment. This is not

why we are here, and that makes me sad, like the Melody that won the 1987 Oscar. I

believe that the appellate geeks will understand.

TOM GRAY Chief Justice

Concurring opinion delivered and filed September 21, 2022 Publish

Shircliff v. State Page 2

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Michelle Shircliff v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michelle-shircliff-v-the-state-of-texas-texapp-2022.