timeline for our brief has begun. Already have a bunch drafted out and pretty much know where I am going with our argument.

Only issue in both of parent's brief is "ineffective assistance of trial counsel".

Trial started before dismissal, recessed and ended after dismissal date. No one moved to dismiss, so waived per 263.402. But both argue ineffective counsel for not moving to dismiss. Only issue either raised on appeal by each.

Have all the current case law, and some suggestions on what to argue. Anyone else out there addressing same issue and how? Ours is before Waco Court.

Please e-mail rthomas@co.brazos.tx.us with suggestions, thoughts, etc. Thanks

I predict a 2-1 decision.

See opinion at http://www.10thcoa.courts.state.tx.us/opinions/HTMLOpinion.asp?OpinionID=7373

[This message was edited by raythomas on 03-09-06 at .]

Ken, Looks like a sort of 2-1.

Before Chief Justice Gray,

Justice Vance, and
Justice Reyna
(Chief Justice Gray concurs in the judgment only.)

Affirmed