Motion for En Banc Reconsideration Denied and Dissenting Opinions on Order
filed September 14, 2021.
In The
Fourteenth Court of Appeals
NO. 14-18-01066-CR
NO. 14-18-01067-CR
ELONDA CALHOUN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 230th District Court
Harris County, Texas
Trial Court Cause No. 1545108 & 1545140
DISSENTING OPINION FROM ORDER
DENYING EN BANC RECONSIDERATION
I join Justice Spain’s opinion to the extent there could be a separate
designation for an order following a tie vote; as he states, “the motion failed for want
of a majority.” The court’s order accurately reflects each Justice’s vote; there is
simply no ambiguity or uncertainty about who is voting or how. Perhaps the Texas
Appellate Bar Section or the Texas Supreme Court Advisory Committee will take
this issue up in their next set of changes.
/s/ Jerry Zimmerer
Justice
En banc court consists of Chief Justice Christopher, Wise, Jewell, Zimmerer, Spain,
Hassan, Poissant and Wilson. (Justice Bourliot not participating).
Justices Zimmerer, Spain, Hassan and Poissant voted to grant en banc
reconsideration.
Justice Zimmerer filed a dissenting opinion.
Justice Spain filed a dissenting opinion in which Justice Zimmerer joined.
Publish — Tex. R. App. P. 47.2(b).
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