On May 9th, 2000, the Fifth District Court of Appeals of Dallas, Texas, over ruled a lower County Criminal Court decision baring Ronald Charles Hunt from attending services at Holy Cross Lutheran Church, Lutheran Church-Missouri Synod in Dallas.

Hunt was convicted of criminal trespass when attempting to attend services at Holy Cross on Sunday morning August 16, 1998.

As Hunt approached the church, Michael Haas, congregational president, handed Hunt a letter titled "Resolution" on behalf of the Board of Elders of Holy Cross. Haas was accompanied by three off-duty Dallas police officers.

Without prior notice the letter informed Hunt that he was forbidden to enter the church's property "effective immediately."

After Hunt indicated he intended to attend the church service, the officers told him he was not "to come on the premises." When Hunt attempted to enter the church, he was arrested and jailed. Hunt was subsequently charged with and convicted of criminal trespass.

No explanation was given in the trial as to why the Pastor, Rev. Don Little, President Haas, Head Elder, Jerry Huse, and the board of elders did not want Hunt on the church property. It is only necessary to establish a greater right to the property to prove trespass.

After the jury found Hunt guilty of criminal trespass, the trial judge assessed punishment at one hundred twenty days' confinement, probated for twelve months, and a $300 fine.

Hunt appealed his conviction on two points. The three-judge panel, Justices Whittington, James, and O'Neill, reversed the lower court decision and granted Hunt an acquittal.

Hunt contended there was no basis for charging him with criminal trespass because nearly all Missouri Synod congregational constitutions declare theirs members to be equal owners of the congregational property. The three-judge panel agreed.

Justice Whittington wrote the opinion for the judges in case number No. 05-99-01001-CR [click on the hyperlink for at the word 'opinion' in this sentence and then 'Find' the case number]. Whittington said the lower court had failed to prove the property of Holy Cross Lutheran Church didn't belong to Ron Hunt.

Haas and Hues testified in the first trial that they and not Hunt had custody over Holy Cross church property. However, during cross-examination Haas also testified that the members of Holy Cross Lutheran Church make up the corporate body and all church property belongs to the members.

Haas also testified that as president, he did not have "any greater rights than any other member as far as the property rights of the church."

The Voters' Assembly had never been informed about the plan to have Hunt arrested on Sunday morning nor had the pastor, elders, or president accused Hunt of any wrong doing in person or in correspondence.

Whittington writes, "However, on recross, Haas testified that as of August 16, 1998, Hunt was still a member of the congregation and his membership in the church had not been terminated nor had he been excommunicated. Nor does the record reflect that Hunt had been excommunicated from the church or had his membership terminated at any time."

Whittington concludes: "Because Hunt was still a member of the church, he retained ownership of the church property under the church's constitution. Therefore, the State failed to prove as a matter of law that Hunt had entered or remained on the property of another without effective consent."

In the first trial, the jury was not familiar with Missouri Synod congregational constitutions. In most religious denominations, such as Presbyterian, Methodist, Episcopalian, Catholic, Orthodox, some Baptist, Community, and ELCA congregations, the members do not retain equal property rights and may be removed at the discretion of the clergy, trustees, and/or those who have custody or ownership of the church property.

Hunt said that differences between himself and Pastor Little began when Hunt was convinced that Little was not giving adequate counsel from the Bible concerning Hunt and his wife's divorce.

When asked about the decision of the three judge panel Little responded, "No comment."

Texas District, LC-MS officials refused to give Hunt any support before or during the court proceedings under their own Dispute Resolution Bylaws because, Hunt had not been excommunicated.

The Bylaws forbid taking fellow LC-MS members from taking each other to court without first attempting to reconcile their differences according to 1 Corinthians Chapter Six.