Monday, March 13, 2006

On Friday, the Texas Supreme Court issued one new opinion. In Hyundai Motor Co. v. Victor Manuel Vasquez, the Court addressed “whether a trial court abuses its discretion in refusing to allow a voir dire question from counsel that previews relevant evidence and inquires of prospective jurors whether such evidence is outcome determinative.” A Justice Bland opinion, joined by Justices Hecht, O’Neill, Brister, Willett, and Cayce held that it does not.

Justice Wainwright, joined by Justice Johnson, wrote this dissenting opinion, believing that the majority opinion “sidesteps the harder issue posed by this case and fails to recognize the asserted error [that] was preserved.”

Justice Medina, joined by Justices Wainwright and Johnson, wrote this dissenting opinion where he concludes: “Because I believe the trial court's solution of forbidding further inquiry into the issue of seat belt bias was arbitrary and made without reference to the principles which should have guided the court=s discretion, I would affirm the judgment of the court of appeals and remand this case for trial. Because the Court does not, I dissent.”

As a side note, because Chief Justice Jefferson and Justice Green were recused, the Honorable John Cayce, Chief Justice, Second District Court of Appeals, and the Honorable Jane Bland, Justice, First District Court of Appeals, sat by commission of Governor Rick Perry pursuant to Tex. Gov't Code ' 22.005.