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I think I'm missing it, but can someone help with a statute, rule, or criminal case that says the court can take judicial notice of a state statute (specifically a labor code provision). I've found civil cases on point and about judicial notice of foreign statutes, but not our own statutes.

Also, what procedures do you generally use to publish / enter as an exhibit the law after the court takes judicial notice?

Thanks in advance,

Joseph
 
Posts: 22 | Location: Brownsville, Texas | Registered: January 14, 2005Reply With QuoteReport This Post
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Watts v. State, 99 S.W.3d 604, 610 (Tex. Crim. App. 2003) ("Texas courts can, of course, take judicial notice of the laws of this State."); see also Moreno v. State, 1992 WL 187375 at *2 (Tex.App. -- Houston [1st Dist.] August 6, 1992, pet. ref’d) ("The trial court took judicial notice that the '[TDCJ] is a place designated by law as a penal institution' and so instructed the jury.")

Cochran, Texas Rules of Evidence Handbook at 103 (6th ed. 2005-2006) ("The judicial function of determining the law is traditionally characterized as within the concept of judicial notice"); see also id. at n.38 (distinguishing law from legislative fact). A judge cannot instruct a jury regarding a legislative fact, Wyatts 99 S.W.3d at 612 n.28, but (notwithstanding TEX. R. EVID. 202(g)) a trial court may insist that the jury accept a judicially noticed law. Texas Rules of Evidence Handbook at 128.
 
Posts: 527 | Location: Fort Worth, Texas, | Registered: May 23, 2001Reply With QuoteReport This Post
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