Van Horn, Frederick William
AP-77,061
| Tex. App. | Oct 5, 2015Background
- State of Texas v. Frederick-William Van Horn in Ellis County Court at Law No. 2, docket WRIT 1001; accelerated appeal of a September 9 order denying a plea to jurisdiction.
- Defendant seeks certification of the right to appeal under TRAP 25.2 and CCP article 44.02, contending lack of subject-matter jurisdiction.
- Matter centers on denial of a petition for writ of prohibition challenging jurisdiction; appeal from an interlocutory order is sought.
- Defendant argues the State lacks standing and authority to prosecute, asserting fundamental jurisdictional defects and rights violations.
- Defendant filed motions and notices on October 1, 2015, pro se, requesting certification and relief, including termination of the action.
- The record includes certification of service and multiple docket entries relating to the writ and certification efforts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is defendant entitled to certification of right to appeal from the denial of jurisdiction? | State contends certification is appropriate to permit appellate review. | Van Horn asserts lack of jurisdiction and wants immediate termination of the action. | No explicit holding provided on certification yet. |
| Whether a plea to the jurisdiction was properly challenged and appealable as an interlocutory matter | State maintains interlocutory review procedures apply where permitted by statute. | Van Horn argues lack of jurisdiction defeats the action and permits immediate appeal. | Interlocutory appeal procedures discussed; no definitive disposition in provided text. |
| Whether the accelerated appeal under TRAP 25.2 applies to a denial of a plea to jurisdiction | State relies on TRAP 25.2 for expedited appeal rights. | Van Horn seeks expedited review due to lack of jurisdiction. | Discussion of accelerated appeal framework; no final ruling in excerpt. |
| Whether the State has standing to prosecute or whether there is a lack of a damaged party | State asserts prosecutorial standing and jurisdiction. | Van Horn contends no injury or standing to prosecute. | No determination in excerpt; argument summarized. |
| Remedy sought: termination of criminal action or certification of right to appeal, and damages | Van Horn seeks termination or appellate certification; seeks damages later. | N/A beyond relief sought by motion. | Relief sought identified; no final disposition shown in excerpt. |
Key Cases Cited
- Texas Dept. of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (jurisdiction challenges and standard for pleadings)
- Bland ISD v. Blue, 34 S.W.3d 547 (Tex. 2000) (standing and subject-matter jurisdiction principles)
- Heckman v. Williamson Cty., 369 S.W.3d 137 (Tex. 2012) (plea to the jurisdiction; lack of jurisdiction can be raised anytime)
- Sivley v. Sivley, 972 S.W.2d 850 (Tex. App.—Tyler 1998) (lack of subject-matter jurisdiction; fundamental error)
- M.D. Anderson Cancer Ctr. v. Novak, 52 S.W.3d 704 (Tex. 2001) (standing and jurisdiction issues in pleadings)
- Garcia v. State, 634 S.W.2d 888 (Tex. App. San Antonio 1982) (presumption of innocence; due process considerations)
