Ex Parte A.G. ( 2021 )


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  •                            NUMBER 13-20-00176-CV
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI – EDINBURG
    EX PARTE A.G.
    On appeal from the 107th District Court
    of Cameron County, Texas.
    CONCURRING MEMORANDUM OPINION
    Before Justices Benavides, Hinojosa, and Silva
    Concurring Memorandum Opinion by Justice Benavides
    Although I agree with the majority’s disposition of this appeal and their decision not
    to address A.G.’s second issue, I write separately to stress that an inmate’s constitutional
    right to access the courts cannot be abridged merely because of his status as an inmate.
    In re Z.L.T., 
    124 S.W.3d 163
    , 165 (Tex. 2003) (citing Hudson v. Palmer, 
    468 U.S. 517
    ,
    523 (1984)). An inmate does not have an absolute right to appear in person in every court
    proceeding because the inmate’s right to access the courts must be weighed against
    penological interests. 
    Id.
     (citations omitted). But where an inmate requests to appear by
    an effective alternative means, such as by telephone, those penological interests are no
    longer implicated. In re A.W., 
    302 S.W.3d 925
    , 930 (Tex. App.—Dallas 2010, no pet.).
    Courts should strive to ensure that all parties can exercise this fundamental right up to its
    constitutional limit.
    GINA M. BENAVIDES
    Justice
    Delivered and filed on the
    24th day of June, 2021.
    2
    

Document Info

Docket Number: 13-20-00176-CV

Filed Date: 6/24/2021

Precedential Status: Precedential

Modified Date: 6/28/2021