In re J.I.C.

2 Citing cases

  1. Taylor v. State

    255 S.W.3d 399 (Tex. App. 2008)   Cited 20 times
    Finding no abuse of discretion in denying withdrawal of jury waiver when record revealed that withdrawal of waiver would “wreck” court's docket and “interfere with the orderly administration of the business of the court”

    If the State, the record itself, or the trial court rebuts the defendant's claim of no adverse consequences, the trial court does not abuse its discretion in denying the motion to withdraw the waiver of jury trial. Marquez v. State, 921 S.W.2d at 223; In re J.I.C., No. 08-02-00239-CV, 2004 WL 596217, 2004 Tex.App. LEXIS 2758 (Tex.App.-El Paso Mar.26, 2004, no pet.). At the hearing on the motion to withdraw the jury waiver, Taylor's former attorney, Kevin Settle, testified that he was not aware that any witness was inconvenienced by the court's moving the trial setting from July 6 to July 26, 2007, and that Taylor informed the community supervision office and the trial court by letter on July 3, 2007, that he intended not to plead guilty on July 6 as previously agreed, and wanted a jury trial.

  2. In re Taylor

    No. 06-07-00097-CV (Tex. App. Jul. 24, 2007)

    See, e.g., Marquez, 921 S.W.2d at 223; Green, 36 S.W.3d at 215-16; Sigarst v. State, No. 09-06-00212-CR, 2007 WL 764711 (Tex.App. — Beaumont Mar. 14, 2007, pet. filed) (mem. op.); In re J.I.C., No. 08-02-00239-CV, 2004 WL 596217 (Tex.App.-El Paso Mar. 26, 2004, no pet.) (juvenile direct appeal); Terrell v. State, No. 05-01-01412-CR, 2002 WL 1478617 (Tex.App.-Dallas July 11, 2002, no pet.); Bensley v. State, No. 05-98-01783-CR, 2000 WL 726687 (Tex.App.-Dallas June 7, 2000, no pet.); Ramos v. State, No. 03-97-00485-CR, 1998 WL 830512 (Tex.App.-Austin Dec. 3, 1998, pet. ref'd). We deny the petition for writ of mandamus, and the motion for emergency stay is overruled.