Court of Criminal Appeals of Texas

Aaron Wade Stine, Appellant v. the State of Texas, Appellee

May 10, 19951995 Tex. Crim. App. LEXIS 52

Summary

The Court of Criminal Appeals held that Texas Constitution Art. V, §7 is a jurisdictional, non‑waivable mandate requiring district court proceedings to be held at the county seat, and therefore the trial court erred in holding part of the trial at a hospital. Because the violation is jurisdictional, no harmless‑error analysis is applicable and the conviction stands. Two dissenting opinions argue that statutory provisions allow such a departure and that the parties waived the right, while a concurring opinion agrees with the result but critiques the dissenters' reasoning.