jurisdiction on Texas Appeals Journalhttps://texasappeals.org/topics/jurisdiction/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 01 Jun 2026 07:00:00 -0500Supreme Court of Texas Holds Citizens Participation Act Applies to Lilith Fund’s Suit Challenging Heartbeat Acthttps://texasappeals.org/2026/06/weldon-v-lilith-fund-tcpa/Mon, 01 Jun 2026 07:00:00 -0500https://texasappeals.org/2026/06/weldon-v-lilith-fund-tcpa/The court held that the Fund’s declaratory-judgment suit against Sadie Weldon was “based on or . . . in response to” her earlier Rule 202 pre-suit deposition petition, so the first step of the TCPA dismissal procedure was met. The opinion does not decide whether Senate Bill 8 is constitutional or whether the suit must be dismissed, and it remands the remaining steps to the court of appeals.Court of Criminal Appeals Holds Convicting Court Lacked Jurisdiction Over Death-Row Inmate’s Constitutional Habeas Challenge to Execution Drugshttps://texasappeals.org/2025/10/ex-parte-speer-capital-habeas/Mon, 06 Oct 2025 07:00:00 -0500https://texasappeals.org/2025/10/ex-parte-speer-capital-habeas/In a per curiam opinion, the court held that a Bowie County district court had no jurisdiction over a constitutional habeas application seeking to bar the Texas Department of Criminal Justice from using allegedly expired and fire-damaged pentobarbital in a scheduled execution, because such an injunction would function as a stay of execution that only the Court of Criminal Appeals may grant. The court did not reach the merits of the method-of-execution claims.Fifth Circuit Holds DACA Final Rule Violates the Immigration and Nationality Act but Limits Relief to Texas and Leaves Forbearance Provisions Intacthttps://texasappeals.org/2025/01/texas-v-united-states-daca-rule/Mon, 20 Jan 2025 07:00:00 -0600https://texasappeals.org/2025/01/texas-v-united-states-daca-rule/The court held that Texas has standing under its earlier decision, that the 2022 DACA rule is materially identical to the 2012 memorandum and substantively violates the INA, and that the district court erred by not severing the rule’s forbearance provisions; it narrowed the injunction to Texas. The stay protecting existing recipients remains in place.Supreme Court of Texas Holds House Committee’s Subpoena Cannot Be Judicially Enforced to Cancel Roberson Executionhttps://texasappeals.org/2024/11/in-re-texas-house-roberson-subpoena/Mon, 25 Nov 2024 07:00:00 -0600https://texasappeals.org/2024/11/in-re-texas-house-roberson-subpoena/The court denied a Texas House committee’s petition, holding that the separation of powers does not permit judicial enforcement of a legislative subpoena that would require canceling a long-scheduled execution. The opinion states that the dispute has nothing to do with Robert Roberson’s guilt or innocence.