Texas Government Code 30.00024 – Disposition On Appeal
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(a) According to the law and the nature of the case, the appellate court may:
(1) affirm the judgment of the municipal court of record;
(2) reverse and remand for a new trial;
(3) reverse and dismiss the case; or
(4) reform and correct the judgment.
(b) Unless the matter was made an issue in the trial court or it affirmatively appears to the contrary from the clerk’s record or reporter‘s record, the appellate court shall presume that:
(1) venue was proven in the trial court;
(2) the jury, if any, was properly impaneled and sworn;
(3) the defendant was arraigned and pleaded to the complaint; and
(4) the municipal judge certified the charge before it was read to the jury.
Terms Used In Texas Government Code 30.00024
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) In each case decided by the appellate court, the court shall deliver a written opinion or order either sustaining or overruling each assignment of error presented. The court shall set forth the reasons for its decision. The appellate court clerk shall mail copies of the decision to the parties and to the municipal judge as soon as the decision is rendered.
(d) The appellate court may determine the rules for oral argument. The parties may submit the case on the record and briefs without oral argument.