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Keywords

trialtestimonycivil proceduregrand juryadmissibility

appealtrialtestimonycivil proceduregrand juryadmissibility

Related Cases

McInnis v. State, 618 S.W.2d 389

Facts

The State of Texas, through the Grievance Committee for District 12-B of the State Bar of Texas, filed a disbarment suit against Oscar B. McInnis. The jury found that McInnis had solicited an individual to commit murder and had made false statements before a Federal Grand Jury regarding these actions. The trial court determined that McInnis engaged in conduct involving moral turpitude and dishonesty, leading to his disbarment.

Based upon jury findings, the trial court entered a judgment disbarring McInnis from the practice of law, from which judgment this appeal has been perfected.

Issue

Whether the trial court erred in its rulings regarding the admissibility of evidence, the calling of McInnis as a witness, and the overall findings that led to his disbarment.

Rule

Disbarment proceedings are civil in nature and governed by civil procedure rules, allowing for the admission of evidence that may not be admissible in criminal proceedings.

It is well settled that disbarment proceedings are civil in nature and governed by rules of civil procedure.

Analysis

The court applied the rule that disbarment proceedings are civil and not criminal, thus allowing the State to call McInnis as a witness and to present evidence of his alleged misconduct. The court found that the evidence, including grand jury testimony and tape recordings, was admissible and sufficient to support the jury's findings of professional misconduct.

The court found that the evidence, including grand jury testimony and tape recordings, was admissible and sufficient to support the jury's findings of professional misconduct.

Conclusion

The court affirmed the trial court's judgment disbarring McInnis from the practice of law, concluding that the evidence supported the jury's findings of misconduct.

Affirmed.

Who won?

The State of Texas prevailed in the case, as the court upheld the disbarment of McInnis based on sufficient evidence of his misconduct.

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