David Medina

From Judgepedia

Texas Supreme Court
Sitting Justices
Wallace Jefferson Don Willett Harriet O'Neill David Medina Paul Green Nathan Hecht Dale Wainwright Phil Johnson Scott Brister
Former justices
Texas on Judgepedia

David M. Medina (born 1958 on Galveston Island) is a Justice of the Texas Supreme Court. He serves as the member of Place 4. He was elected to a full-term in 2006, so his term will expire in 2012. Justice Medina is a Republican.

Legal education

Justice Medina graduated from Texas State University-San Marcos in 1980 with a Bachelor of Science degree. In 1989, he earned a J.D. degree from South Texas College of Law. While in law school, he was on the Dean’s List and a member of the American Bar Association Regional Moot Court National Championship Team.

Legal experience

Justice Medina was appointed to the Texas Supreme Court in 2004 by Governor Rick Perry. Prior to his appointment, he was appointed by then-Governor George W. Bush and served on the 157th State District Court in Harris County from 1996 to 2000. In 2000, he was associate general counsel for Cooper Industries in Houston for four years.

Awards and associations

Justice Medina was voted one of the top jurists in Harris County by the Houston Bar Association, was a board member of Habitat for Humanity and Houston Metro, and serves on the board for the Spring Klein Baseball Association. He has also served as an adjunct professor for the South Texas College of Law.

Political affiliation

Republican.

Indictment dismissed

In January 2008, Medina was indicted by a grand jury for evidence-tampering in connection with the burning down of his and a neighbor's home. The charge was dismissed by Harris County District Attorney Chuck Rosenthal claiming the action lacked evidence. Question of partisanship has been raised as both Medina and Rosenthal are Republicans^[1].

On the issues

On Freedom of Expression

Pleasant Glade Assembly of God v. Schubert(2008)^[2] First Amendment-Tort-Emotional damages

Issue: Is a church’s religious practice of “laying hands” entitled to First Amendment Protection against a member’s emotional damage claims arising out of tort?

Factual and Procedural History:

Summary: Justice Medina, over the dissents of Justices Jefferson, Green, and Johnson, ruled, among other things, that a church’s religious practice of “laying hands” is entitled to First Amendment protection against a member’s emotional damage claims arising out of tort because assessing emotional damages against a church for engaging in theses religious practices would unconstitutionally burden [the church’s] right to free exercise and embroil the Court in an assessment of the propriety of those religious beliefs”

Quotes from the majority opinion

• ON WHY A CHURCH IS ENTITLED TO FIRST AMENDMENT PROTECTION: "In this case, although Laura's secular injury claims might theoretically be tried without mentioning religion, the imposition of tort liability for engaging in religious activity to which the church members adhere would have an unconstitutional “chilling effect” by compelling the church to abandon core principles of its religious beliefs."

Quotes from the dissenting opinion

External links

References

• Arsen Allegations and Alleged Partisanship