Texas Supreme Court

R. Wayne Johnson, Petitioner v. James Lynaugh, Respondent

November 7, 1990796 S.W.2d 705

Summary

The Texas Supreme Court denied R. Wayne Johnson's petition for a writ of error, leaving in place the trial court's dismissal of his suit as frivolous under Texas Civil Practice and Remedies Code §13.001. The Court held that Johnson's constitutional challenge to §13.001 was not properly before the Court because it was not raised in the lower courts.