The Judgment was obtained pursuant to the provisions of the Statute codified as Chapter 103 of the TX Civ.Prac.&Rem.Code that became law in September of 2001. The 3rd COA reversal of summary judgment for the State in 2003 put the case under that Law. It provides as follows:
103.101. WAIVER OF IMMUNITY; FILING SUIT. (a) A person may bring a suit against the state under this subchapter and the state's immunity from the suit is waived.
103.105. DAMAGES. (a) If the trier of fact finds that the petitioner is entitled to compensation, the petitioner is entitled to: [goes on to list damages to this statute limits the restitution a victim can obtain.
This provision, and the well established
definition of the phrase 'trier of fact', proves the memorandum opinion
of 2008 is void. It is a legal nullity. It does not relieve the State of
it's liability; that is, the judgment debt, established by FINAL
JUDGMENT, signed and recorded October 3, 2005.
From Cornell School of Law online legal dictionary. http://www.law.cornell.edu/wex/trier_of_fact
Trier of Fact: A judge or jury that determines questions of fact in a trial.
From the Legal Dictionary, online. http://legal-dictionary.thefreedictionary.com/trier+of+fact
the judge or jury responsible for deciding
factual issues in a trial.
If there is no jury the judge is the trier of fact as well as the
trier of law. In administrative hearings, an administrative law judge, a
board, a commission, or referee may be the trier of fact.