trial is monday.

degree of consanguinity is irrelevant, correct?

can't a great-uncle still be a family member for purposes of FV?

thanks

See Texas Family Code Section 71.003 and the Government Code Sections cited therein for guidance. Government Code Section 573.022 states that two individuals are related by consanginuity if they share a common ancestor. If the definition of Family does not fit your facts, the defendant may still be a household member as defined by Section 71.005.

[This message was edited by Chad B. on 08-12-05 at .]

thanks Chad. 573.022 is what I am relying on. That's where 71.003 sends you (and to 573.024).

The defense attorney wants to go into degrees of consangunity as defined by 573.023. My argument will be that Gov Code .023 is NOT referenced and therefore does not apply. No calculation of degree of consanguinity is appropriate.

It's a felony case and this defense lawyer is trying to challenge the misdemeanor prior - wherein teh Defendant pled guilty to assault on a family member with a lawyer.

Now the felony attorney is trying to make my felony a misd by attacking the misd judgment.

I am very frustrated with his line of argument.

I can't think of any cases off the top of my head, but when a defendant says one of his prior final convictions is no good, the burden is on him to prove it. He had an attorney, so his other basis for attack has got to be involuntariness of plea. Good luck to Defendant with that claim! He has an extremely tough row to hoe. Don't let his current DL even TRY to shift the burden to you. Anyone out there have some case law? I'll do some digging, because it has come up before when I was a SAUSA and recently as an ADA. The rule is basically the same iN state and fed court. Hope this helped.

The case (I now know) is Galloway - I don't have the cite here, but it's on point.

this has been a really frustrating case because the defense attorney has wanted to focus on technicalities and has not wanted to be reasonable about plea offers.

I'm just venting - thanks for your help.