Is no one else reading the TDCAA opinion summaries or was the question too simple? Regarding Olivas v. State's decision, the commentary asks:

quote:

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Who remembers what defense-oriented judge nicknamed the Almanza v. State case "Almanza the Terrible"? And for an extra point, what did he nickname Almanza's progeny Ex parte Maldonado? Post your answer on the User Forum. Meanwhile, be grateful that the CCA continues to apply a consistent harmless error rule to jury charge error. Once upon a time, it did not exist in Texas

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Of course, there are myriad Teague stories, bless his pickled little soul. Who remembers the case with the longest submission -- I think it was over 4 years -- partly because the shucks were lost somewhere in Teague's office!!

JB
Member posted 09-17-04
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The Late, Great

Who can forget the late, great Judge Marvin Teague of the Texas Court of Criminal Appeals. He once famously nicknamed a case "Almanza the Terrible" and one of its progeny "Baby Bastard Maldonado." See Kuch v. State, 686 SW2d 154.

Along those same lines, when he disliked the path a series of decisions was taking, he could wax eloquent:

"Today, we witness the bastard child that two judges of this Court gave birth to in Woodward v. State, 668 S.W.2d 337 (Tex.Cr.App.1982),reaching puberty. It will be most interesting to see what the bastard child looks like when it reaches full manhood." Bain v. State, 677 SW2d 51.

I am sure some of the older among us can remember even more colorful opinions. Where are you John Jasuta?

John Bradley
District Attorney
Williamson County, Texas
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Posts: 3042 | From: Williamson County, Texas | Registered: 01-25-01

Congratulations, Tonya. Maybe they are all too young to remember Marvin Teague. If you had been to his office, you would never have forgotten him. There was so much stuff stacked on the floors and tables that all that was left was a narrow path to and from his desk.

My favorite artifact from his office was a sailing ship made of toothpicks by a TDC inmate.

For bonus points, on what color paper did Marvin's draft opinions get circulated?

Goldenrod?

Nope.

Pink, as in Pinky Lee?

Wow, he died at a really young age, the age of 57.

The ship made out of toothpicks hung from the ceiling at the Chili Parlor for a while after Judge Teague's death.

Guess I'm happy I'm young enough I didn't know the right answer to the paper question . . .

Nice job, Allison. Of course, serving as a briefing attorney at the court helps get the answer.

When I think of Judge Teague, I think of him showing me how to drink my first tequila shooter (at a well-attended celebratory lunch with just about everybody else doing the same).

Another Teague incident . . . who can name what surely has to be the longest dissent in the Court's history . . . and who was the real author of that opinion?

Having quizzed a few of our younger attorneys fresh out of their court positions, I've found that their experiences were rewarding, but not nearly as wild and wooly!

I'd forgotten about the toothpick ship. Makes me think of Rusty Duncan's javelina hog head.

[This message was edited by TDohoney on 09-20-06 at .]

"When Dr. Grigson speaks to a lay jury . . . the defendant should stop what he is then doing and commence writing out his last will and testament because he will in all probability soon be ordered by the trial judge to suffer a premature death."

-Fmr. CCA Judge Marvin Teague

Sometimes the length of Teague's opinions left one wondering when he had time to update his book. While no record, few appellate court judges would take as much time as he did to argue against "approval of the Legislature's action in depriving us of the individual right to perhaps do foolish things and make foolish choices" in Richards, 757 S.W.2d 723 (a case that did not even make it to the court's docket).

While not his longest, he might have ended more of his opinions with "Further, I saith not at this time," as in Garrett, 749 S.W.2d 784.

Certainly, one of his longer opinions dealt with deficient representation by counsel in Hernandez, 726 S.W.2d 53. But, I feel certain there were others of greater length.

But, we should not say too much here, because someone may be listening.