57 results for 'casenum:"04"'.
J. Watkins upholds defendant's conviction for the murder of her 4-year-old child, who suffered a traumatic brain injury and was covered in multiple older injuries and scars. There was sufficient evidence to support the conviction and, contrary to defendant's argument, the state was not required to prove the child's death was caused by a deadly weapon. Affirmed.
Court: Texas Courts of Appeals, Judge: Watkins, Filed On: May 15, 2024, Case #: 04-23-00090-CR , Categories: Evidence, Murder, Child Victims
J. Valenzuela grants mandamus relief to a transportation company and truck driver after the trial court improperly compelled responses to an injured driver's request for information on lawsuits filed against the company and access to the truck driver's cell phone. The requests are overbroad, as they seek information on lawsuits filed in the past 10 years and access to the truck driver's cell phone data four hours prior to the accident.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: May 8, 2024, Case #: 04-23-01067-CV , Categories: Tort, Negligence, Discovery
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J. Alvarez upholds the trial court's refusal to compel arbitration on parents' claims arising from injuries their child allegedly suffered while at a trampoline park. Although the park argues the father's friend signed the contract that contained the arbitration agreement on behalf of the father before entering the park, it is in dispute whether the streak mark on the agreement is his signature. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: April 3, 2024, Case #: 04-23-00146-CV , Categories: Arbitration, Tort, Contract
J. Rios reverses, in part, the trial court's grant of partial summary judgment to a worker on his claim the company that provides employer services to the cafeteria where he works is his employer for purposes of his discrimination action. It is unclear whether the worker has shown the existence of an employment relationship that would make the company liable for the actions of covered employees. Reversed in part.
Court: Texas Courts of Appeals, Judge: Rios, Filed On: March 27, 2024, Case #: 04-22-00280-CV , Categories: Employment, Employment Discrimination
J. Alvarez conditionally grants a medical liability trust's petition opposing the deposition of a patient who is suing a doctor the trust refused to defend against the patient's claims. The trial court's improperly granted the doctor's motion to compel the deposition in his declaratory action against the trust, as it failed to correctly analyze and apply the law, and compelling the deposition exceeded the scope of discovery. Reversed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: March 20, 2024, Case #: 04-23-00779-CV , Categories: Insurance, Discovery
J. Martinez upholds the lower court's refusal to dismiss a doctor's defamation claims against a pain management company with which she was once a member. The company fails to show the investigatory agency to which it allegedly defamed the doctor was involved in the administration of the functions of part of the government and, thus, immune. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Martinez, Filed On: March 12, 2024, Case #: 04-22-00749-CV, Categories: Health Care, Immunity, Defamation
J. Garcia finds that the appellate division improperly denied defendant habeas relief after he committed additional violent felonies while out on bail awaiting trial. Such defendants can be remanded if considered a flight risk or if viewed as a danger to the community at large, but since defendant fell into the latter category, a hearing should have been held to submit witness testimony, evidence, or grand jury transcripts. Reversed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: February 20, 2024, Case #: 04, Categories: Habeas, Bail, Due Process
J. Alvarez upholds the trial court's judgment on a jury's verdict that awarded an injured driver $157,000 in past medical expenses, but denied any other claim for damages. Based, in part, on a question whether his injuries were caused by pre-existing conditions, the "evidence was within the zone of reasonable disagreement." Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: February 14, 2024, Case #: 04-22-00656-CV , Categories: Tort, Damages
J. Rios upholds the trial court's award of attorney fees to an insured on his action against State Farm for underinsured motorist coverage. Although the jury's award was less than State Farm's pre-suit settlement offer, the insured was still successful on his claim, and "[t]o hold otherwise would effectively penalize [the insured] for declining to accept" the offer. Affirmed.
Court: Texas Courts of Appeals, Judge: Rios, Filed On: February 2, 2024, Case #: 04-22-00113-CV , Categories: Insurance, Tort, Attorney Fees
Per curiam, the appellate division finds that attorney Ronald Leonard Daigle, suspended for one year in June 2018 for misconduct in handling an estate matter, may not be reinstated. Daigle failed to show, through submissions and testimony before a special subcommittee, that he possessed the character and fitness to resume practicing or how his reinstatement would serve the public interest.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 18, 2024, Case #: PM-04-24, Categories: Attorney Discipline
Per curiam, the court of appeals finds that, despite the court-appointed counsel's Anders brief in connection with defendant's probation revocation, there remains an arguable ground for appeal. The trial court failed to conduct an inquiry on the record concerning defendant's ability to pay the fine and costs, and it is a case of first impression whether this would be considered reversible error.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: January 17, 2024, Case #: 04-22-00669-CR, Categories: Criminal Procedure
J. Alvarez reverses the trial court's dismissal of a family's oil and gas lease dispute against another family that owns nearby property. The trial court improperly granted the neighboring family's plea to the jurisdiction, as their arguments were based on standing, mootness, judicial admissions and other claims that are not proper grounds on which to grant the plea. Reversed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: January 3, 2024, Case #: 04-22-00563-CV , Categories: Energy, Property, Jurisdiction
J. Martinez reverses, in part, the trial court's various rulings in a dispute between several oil and gas producers that had working interests in Cooke Ranch. The trial court improperly awarded bonus amounts to two companies after the jury incorrectly reached a verdict contrary to undisputed testimony. Furthermore, a new trial on certain attorney fees must be held, as portions of fees awarded were based on unsegregated amounts or were not fully explained by the trial court. Reversed in part.
Court: Texas Courts of Appeals, Judge: Martinez, Filed On: December 27, 2023, Case #: 04-18-00411-CV , Categories: Energy, Damages, Attorney Fees
J. Alvarez upholds the lower court's dismissal of a husband's action against a city related the death of his wife, which occurred due to a car collision caused by a man who had stolen a vehicle and was fleeing police. The husband failed to challenge the city's immunity defense. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: December 13, 2023, Case #: 04-22-00193-CV, Categories: Immunity, Negligence
J. Rios upholds the trial court's refusal to grant summary judgment to a school district on two former school board members' action seeking injunctive relief related to documents they claim the district refuses to release. Contrary to the district's argument, the trial court had jurisdiction to hear the case, and there are questions of fact whether all relevant records were released. Affirmed.
Court: Texas Courts of Appeals, Judge: Rios, Filed On: December 13, 2023, Case #: 04-22-00178-CV , Categories: Education, Public Record
J. Rodriguez upholds the trial court’s grant of habeas relief to a non-citizen who was arrested under Operation Lone Star and charged with criminal trespass. The state failed to justify why it arrested male, but not female, non-citizens for criminal trespass under the operation. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: November 15, 2023, Case #: 04-22-00872-CR , Categories: Immigration, Trespass
J. Alvarez upholds the lower court's determination the vote totals in a tight city council election were correct, while seven of the votes for one candidate were illegal, rendering the initial losing opponent now the winner of the election. Sufficient evidence supports the election night count was accurate and the six contested votes were illegal. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: November 13, 2023, Case #: 04-23-00099-CV , Categories: Elections
J. Watkins denies the state's motion for rehearing on a previous opinion granting defendant a new trial on two counts related to smuggling of persons. The state failed to prove that two of the smuggled passengers were juveniles. Reversed in part.
Court: Texas Courts of Appeals, Judge: Watkins, Filed On: September 27, 2023, Case #: 04-22-00333-CR, Categories: Smuggling
J. Valenzuela reverses the lower court's grant of habeas relief to defendant, a noncitizen who was arrested for trespassing. Defendant's claim the property on which he trespassed did not have a fence is not a cognizable pretrial claim, as this "factual dispute is precisely the type of claim appropriately vindicated at trial." Reversed.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: September 20, 2023, Case #: 04-23-00156-CR , Categories: Habeas, Trespass