Narrative Opinion Summary
The motion for en banc reconsideration in the case of Elonda Calhoun v. The State of Texas was denied by the Fourteenth Court of Appeals. The order, dated September 14, 2021, reflects the votes of the justices, showing that Justices Zimmerer, Spain, Hassan, and Poissant supported the motion for reconsideration, while a majority did not, leading to its failure. Justice Jerry Zimmerer expressed agreement with Justice Spain regarding the need for a separate designation for orders following a tie vote, emphasizing that the court’s order clearly indicates the votes without ambiguity. The en banc court included Chief Justice Christopher and Justices Wise, Jewell, Zimmerer, Spain, Hassan, Poissant, and Wilson, with Justice Bourliot not participating. Dissenting opinions were filed by Justices Zimmerer and Spain, the latter of whom Justice Zimmerer joined. The document concludes with a note that the opinion is to be published in accordance with Texas Rule of Appellate Procedure 47.2(b).
Legal Issues Addressed
Denial of Motion for En Banc Reconsiderationsubscribe to see similar legal issues
Application: The Fourteenth Court of Appeals denied the motion for en banc reconsideration based on the majority vote against it.
Reasoning: The motion for en banc reconsideration in the case of Elonda Calhoun v. The State of Texas was denied by the Fourteenth Court of Appeals.
Judicial Voting and Tie Resolutionsubscribe to see similar legal issues
Application: The court's order indicated the votes clearly, showing the justices' positions without ambiguity, despite a tie vote on the motion.
Reasoning: Justice Jerry Zimmerer expressed agreement with Justice Spain regarding the need for a separate designation for orders following a tie vote, emphasizing that the court’s order clearly indicates the votes without ambiguity.
Publication of Judicial Opinionssubscribe to see similar legal issues
Application: The opinion is set to be published in accordance with procedural rules governing appellate decisions in Texas.
Reasoning: The document concludes with a note that the opinion is to be published in accordance with Texas Rule of Appellate Procedure 47.2(b).