Well, we've come up with three different opinions to the question . . .

In the table of authorities, what is the proper way in which to cite subsequent history where the proper citation includes indication that it was overruled on other grounds? Is it listed only with the petition history of the overruled case? Does each case get its own entry? Both?


Personally, I am just happy it is there and that someone else probably put it together. But if there is a definitive answer, please enlighten before it comes to melee.

I don't think there is a definitive answer on how to deal -- in the index of authority -- with a case that is only mentioned as an "overruled on grounds" subsequent history. Neither the Green Book nor the Pink Book address an index of authority. If you do a search of the Westlaw brief database you will find plenty of examples of ways to cite these cases.

My own preference is to just list the case in the subsequent history of the case that I'm really citing. I think that's more helpful. If the case is just listed as "overruled on other grounds" then I'm not really citing it.

I agree with David--probably because that is the way I did it in Fort Worth too. As long as the case is listed in the TOA, though, I can't imagine anyone getting too excited about its location. It just seems to make more sense to list it with the case it is affecting. You are having way too much fun with JRR!

JAS

I agree -- only include it with the major case as subsequent history in the ToA. And, for the record, the Bluebook is equally silent on ToAs, even in the storied "Bluepages."

Now on to the dungeon of appellate depravity: what is the Pink Book? We here in Dallas are aflutter with curiosity. Is it the necronomicon of legal citation guides? Will it change my life? Or is "Pink" just a clever perversion of "Blue"?

I know of a red book and a maroon book, but pink book is new to me, too.

And people wonder why appellate prosecutors have the best parties.

is it written in the blood of oliver wendell holmes? does reading it out loud make even dicta binding law? can you buy it at S-mart?

[This message was edited by David Newell on 06-01-07 at .]

Anyone else think that TOA's take far too much time for a part of the brief no one reads anyway?

In the olden days, didn't the CCA use the Pink Book--when they used to cite to themselves as Tex. Cr. App.? I think I used to have a copy.

BTW I have heard at least a handful of appellate judges, civil and criminal, say that the TOC and TOA are the items they read first. From those two lists, they get a feel for the case. If it only matters to a few, I suppose the TOA deserves as much attention as the rest of the brief. But I do wish the Blue Book were scrapped. It has become a monster. Something simpler constructed around the Green Book should suffice.

JAS

[This message was edited by JAS on 06-01-07 at .]

What's it's worth on EBAY?

An item with that kind of provenance can be obtained only from Sothebys.

JAS

I'm looking at my copy of "The Pinkbook Uniform Rules of Form for Criminal Cases in Texas Courts" (3rd ed) right now. It was put out by the CCA.

Cover price was "$2.25 - 3.25 (Canada)." I think it came out in 1996. It's probably worth thousands today -- especially to those covetous Canadians.

I pull it out whenever I'm thinking about using a citation form like "V.T.C.A. Fam. Code." I always come to my senses by the time I find it.

[This message was edited by david curl on 06-01-07 at .]

I bet they sold a ton of copies in Canada.

For starters, the rules refer to an index of authorities rather than a table. It has always been my position that such index need only refer to the place where the precedent can be found. For example: Bogus v. State, 123 S.W.3d 456. I save the subsequent history of a case (and everything else) for the body of the brief. I think my method complies with Rule 38.1(c), 38.2(a), and 68.4(b). In my opinion the index should be used by a judge only to locate the authority. To include the complete citation both in the index and the main portion is needlessly duplicitous. If some court or clerk disagrees with me, they have never told me so in the last 27 years. I do not separately list the citation for the opinion that qualified the opinion I am relying on in the index. I am required to notify the court that it exists, but it is not one of my authorities.

Caselaw is overrated. Tex Jur is where all the real law is kept.