David Medina
From Judgepedia
David M. Medina (born 1958) 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. Medina succeeded Wallace Jefferson in Place 4 after Jefferson’s appointment to be chief justice. Governor Rick Perry appointed Medina on November 10, 2004. Medina had been Perry's General Counsel since January 2004.
Before that, he was associate general counsel for Cooper Industries in Houston from 2000-2004 and served on the 157th State District Court bench in Harris County, Texas Harris County from 1996-2000 after appointment in May 1996 by then-Governor George W. Bush. He was elected in November 1996 and again in November 1998. The Houston Bar Association voted him as one of the top jurists in Harris County.
Medina rejoined Cooper in 2000 as associate general counsel for litigation, responsible for supervising Cooper’s litigation and product-safety matters throughout the world. In January 2004, he left Cooper to become General Counsel to Gov. Perry.
Legal Education and Experience
Medina was born on Galveston Island, graduating with a bachelor of science degree from Texas State University-San Marcos in 1980. In college he competed on the university’s karate and baseball teams. In 1989 he earned his J.D. degree from South Texas College of Law. He was on the Dean’s List and a member of the American Bar Association Regional Moot Court National Championship Team.
Medina is a former board member of Habitat for Humanity and Houston Metro. He currently 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, where he taught advanced civil trial litigation.
Awards and Associations
Political Affiliation
Campaign Contributions
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 Contract Enforcement
On Criminal Justice
On the Death Penalty
On Freedom of Expression
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”
- 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."
