Saturday, February 10, 2007

Judges’ Decision Cracks Foundation of Legal System

Texas trial lawyers have been complaining loud and clear about the way the Texas Supreme Court is overturning jury verdicts. Our cries have fallen on deaf ears. Now that academics are speaking out about our diminishing right to trial by jury, perhaps citizens (and voters) will listen.

Baylor University law professor Gerald R. Powell has filed an excellent Letter Brief of Amicus Curiae with the Texas Supreme Court, following their decision in The Coca-Cola Co., et al. v. Harmar Bottling Co., et al. Professor Powell minces no words when he sums up the sad state of jury verdicts in Texas:

“If appellate courts so freely reverse jury verdicts, then there is little chance that trial by jury can long endure upon so unstable a foundation. Each tremor is an alarm to us all – it is a siren warning of the widening chasm ahead.”

To read the entire brief, click here.

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