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Who is the 'Trier of Fact'

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.
 

From Wikipedia: A trier of fact, or finder of fact, is a person, or group of persons, who determines facts in a legal proceeding, usually a trial. To determine a fact is to decide, from the evidence, whether something existed or some event occurred. In Anglo-American–based legal systems, finding of fact made by the jury are not appealable unless clearly wrong. This principle is enshrined in the Seventh Amendment to the United States Constitution which provides that "… no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."