Texas Attorney General Opinion: JM-1202 Page: 3 of 9
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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Honorable Charles W. Chapman - Page 3 (JM-1202)
found the cause of death to be. gunshot wounds,
self-inflicted.1
You relate that on April 15, 1990, the remains of the
father and son were removed from the cemetery at the request
of the next of kin of the father. See Health & Safety Code
711.004. Autopsies were performed on their remains by the
Bexar County Medical Examiner, Dr. Vincent J. M. Dimaio.
You have been advised that Dr. Dimaio concluded that it
would be necessary for him to have the benefit of further
evidence before he could reach a decision. You state that
about June 15, 1990, you were advised by the justice of the
peace that conducted the "inquest" that she had set an
"inquest hearing" for June 27, 1990. This hearing has been
continued to an indefinite date. You state that you did not
request the "inquest hearing," and in the event such a
hearing is held, you are going to ask for a jury.
You ask whether the justice of the peace may hold an
"inquest hearing" after findings have been made as the
result of the "inquest."
Article 49.01 of the Code of Criminal Procedure defines
"inquest" and "inquest hearing," as follows:
(2) 'Inquest' means an investigation into
the cause and circumstances of the death of a
person, and a determination, made with or
without a formal court hearing, as to whether
the death was caused by an unlawful act or
omission.
(3) 'Inquest Hearing' means. a formal
court hearing held to determine whether the
death of a person was caused by an unlawful
act or omission and, if the death was caused
by an unlawful act or omission, to obtain
evidence to form the basis of a criminal
prosecution.
1. Attorney General Opinion H-1064 (1977) concluded
that where it is determined that an erroneous cause of death
is shown in a death certificate, the error may be corrected
in accordance with rule 51a of article 4477, V.T.C.S., (now
see Health & Safety Code 191.028) by the attachment of an
amending certificate.p. 6363
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1202, text, August 6, 1990; (https://texashistory.unt.edu/ark:/67531/metapth273640/m1/3/?q=%22%5B1990..%5D%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.