42 results for 'judge:"Horton "'.
J. Horton finds, in this interlocutory appeal, the trial court properly granted the river authority's motion for summary judgment. The utilities entities did not have the right to assert certain affirmative defenses to the authority's breach of contract claim for payment under longstanding contracts which it used to secure repayment of its debt in return for the sale of outstanding bonds. Under statutes applying to the bonds, the legislature made the validity of a local government's contracts pledged to secure a debt obligation and approved through the process required by these statutes ���incontestable in a court or other forum.��� The incontestability statutes expressly foreclose the utilities' right to assert the affirmative defenses raised. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: May 9, 2024, Case #: 09-23-00167-CV, Categories: Debt Collection, Government, Municipal Law
J. Horton finds that the lower court properly ruled for the defendant restaurant operator in this lawsuit brought by a pair of customers alleging race discrimination under the Maine Human Rights Act, based on an alleged racial slur by one of the restaurant's employees. The lower court did not err in determining that the company was not vicariously liable for the employee's actions, as the company has a zero-tolerance policy regarding discrimination and promptly responded to the customer's complaint. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: April 18, 2024, Case #: 2024ME27, Categories: Civil Procedure, Civil Rights, Employment
J. Horton finds that the lower court improperly granted a petition for post-conviction relief based on defendant's allegation of ineffective assistance of counsel. The post-conviction court vacated the petitioner's manslaughter conviction and ordered a new trial, concluding that his attorneys failed to present an adequate self-defense argument. However, the trial court found that his belief that "his use of deadly force was necessary" was objectively unreasonable, which is a finding that "would have negated a self-defense argument" as a matter of law. Accordingly, the matter is remanded to the post-conviction court for the petition to be denied. Vacated.
Court: Maine Supreme Court, Judge: Horton, Filed On: April 11, 2024, Case #: 2024ME25, Categories: Ineffective Assistance, Self Defense, Manslaughter
J. Horton finds that the lower court improperly interpreted a will left by the appellants' late father. The probate court erred in ruling that "the will includes an ambiguous devise of land" as to one of the children and that the share that would have passed to her "instead falls into the estate residue and passes to the residuary devisees." The court rules that there is no reason for the alleged ambiguity "to defeat the entire devise." Vacated.
Court: Maine Supreme Court, Judge: Horton, Filed On: April 2, 2024, Case #: 2024ME23, Categories: Real Estate, Wills / Probate
J. Horton finds the trial court properly entered a take-nothing judgment in a car collision case. The driver and passenger who were rear-ended say the court improperly imposed a "death penalty" sanction, excluding deposition testimony of their surgeon for their attorney���s failure to comply with the evidence scheduling order. The driver and passenger have not attached any part of the doctor's testimony to their motion for new trial, and the trial court properly enforced its scheduling order. The injured party was given the opportunity to develop a record sufficient to show no other evidence could tie the driver's surgery to the collision. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: March 28, 2024, Case #: 09-22-00001-CV, Categories: Evidence, Sanctions, Vehicle
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Horton finds the Texas court properly granted the mother's petition to modify the parent-child relationship. The ex-husband knew when he married the mother that he was not the child's father but agreed to pay child support according to the divorce decree he signed. The Texas Family Code also provides circumstances under which a Texas court may proceed to modify a child-custody determination made by a court in another state. The Texas court had jurisdiction to make the modification. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: March 14, 2024, Case #: 09-22-00202-CV, Categories: Family Law, Jurisdiction
J. Horton finds the trial court improperly convicted defendant for vehicular manslaughter. Defendant struck a can collector who had stepped behind a stopped garbage truck. It is undisputed that the truck had been stopped for 5 seconds and that the sun was setting behind the truck, causing its yellow warning lights to blend with the color of the sunset. Defendant, travelling at 3 mph above the 50-mph posted speed, was not operating the vehicle recklessly, and evidence presented did prove beyond a reasonable doubt that she diverted her attention from the road for a full 15 seconds. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: March 6, 2024, Case #: 09-22-00028-CR, Categories: Evidence, Manslaughter, Vehicle
J. Horton finds the trial court improperly excluded a toxicology report showing the decedent was impaired at the time of a car collision in this wrongful death suit. The decedent's parents allege the driver of a flatbed truck was negligent for failing to keep a proper lookout and for blocking both lanes of travel when their daughter collided with the trailer at more than 90 mph. The report was probative and relevant to the jury���s decision regarding what percentage of fault to allocate to the decedent in apportioning the fault between both drivers. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: February 22, 2024, Case #: 09-21-00372-CV, Categories: Vehicle, Experts, Wrongful Death
J. Horton finds the trial court properly convicted defendant for aggravated sexual assault. Defense counsel's motion to withdraw is granted based on his assessment there are no arguable grounds for appeal. However, the record does not support the court���s ruling requiring the indigent defendant to reimburse the county $2,500 in attorney fees. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: February 21, 2024, Case #: 09-23-00071-CR, Categories: Evidence, Sex Offender, Attorney Fees
J. Horton finds the trial court properly convicted defendant for being a felon in possession of a firearm. At the first hearing, defendant requested a bench trial but failed to attend. Defendant says his rights were infringed by the court's convicting him by bench trial outside his presence. The record shows his attorney never claimed that no plea was entered, and the court of appeals must assume that a plea was entered before trial. Therefore, the premise of the appeal, that defendant was tried without entering a plea, has no merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: January 31, 2024, Case #: 09-22-00139-CR, Categories: Constitution, Firearms, Due Process
J. Horton finds that the lower court properly denied defendant's petition for post-conviction review, in which he alleged ineffective assistance of counsel after pleading guilty to certain drug trafficking charges under a plea agreement and receiving "concurrent sentences of twelve years straight." He contends that his counsel failed to adequately advise him of the "risk associated with the twelve-year cap option." However, counsel properly evaluated the risks, and his advice was not unreasonable. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: January 25, 2024, Case #: 2024ME7, Categories: Drug Offender, Ineffective Assistance, Sentencing
J. Horton finds the trial court properly decided the amount the property owner tendered to redeem her property from a tax foreclosure sale was insufficient. After the owner failed to cure the tax lien of more than $40,000, the property was sold in tax foreclosure. Evidence shows the owner's tender represents around 76 percent of the sum demanded by the statutory formula to redeem the property from the foreclosure sale. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: January 18, 2024, Case #: 09-21-00387-CV, Categories: Property, Tax
J. Horton finds that the lower court improperly entered judgment for the borrower on his claims for declaratory and injunctive relief against the bank, in which he sought the discharge of a mortgage after the bank had failed to properly provide him with notice of default under section 6111. After reconsideration of its analysis in Pushard, the court concludes that the lower court erred in "requiring the Bank to discharge the mortgage." Accordingly, the matter is remanded for entry of a judgment in favor of the lender. Vacated in part.
Court: Maine Supreme Court, Judge: Horton, Filed On: January 11, 2024, Case #: 2024ME2, Categories: Civil Procedure, Banking / Lending
J. Horton finds the trial court properly denied the mother's petition to modify the joint managing conservatorship provisions in a divorce decree, which controls possessory rights to her son. Evidence presented shows both parents take active roles in parenting, have a good relationship with the child, and provide him with a safe and stable home. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: December 21, 2023, Case #: 09-21-00396-CV, Categories: Evidence, Family Law, Guardianship
J. Horton finds the trial court improperly denied the construction company's motion to dismiss all claims in this wrongful death suit arising from the death of a laborer who was killed while working on a construction site. His wife failed to file an affidavit from a licensed third-party engineer in her action for damages arising from the company's provision of professional services by its licensed engineer. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: December 14, 2023, Case #: 09-23-00040-CV, Categories: Construction, Licensing, Wrongful Death
[Consolidated.] J. Horton finds the trial court properly convicted defendant of enhanced assault charges. Defendant did not raise a timely objection to the fact he was not present for the hearing on the motion for new trial, and his right to review is forfeited. Furthermore, the record does not support defendant's arguments that the court failed to properly admonish him of the dangers of self-representation on his motion to disqualify the judge on allegations of bias. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: November 29, 2023, Case #: 09-22-00176-CR, Categories: Assault, Domestic Violence
J. Horton finds that the lower court properly denied in part defendant's motion to set aside the forfeiture of a cash bail based on allegations of "new criminal conduct." The lower court set aside the portion that the wife had contributed, and it was "within its discretion" in otherwise denying defendant's request for relief. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: November 21, 2023, Case #: 2023ME72, Categories: Forfeiture, Bail
J. Horton, in this interlocutory appeal, finds the trial court improperly denied the homebuilder's motion to arbitrate the homeowner's claims of breach of implied warranty of workmanship. The homeowner purchased the home from the original owner who bought it from the builder, and did not sign the arbitration agreement. Under the doctrine of direct benefits estoppel, the agreement is valid and enforceable against the second owner. All claims against the builder fall withing the scope of arbitration. Reversed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: November 16, 2023, Case #: 09-21-00354-CV, Categories: Arbitration, Construction, Contract
J. Horton finds that the lower court properly convicted defendant of murder, criminal threatening with a dangerous weapon and possession of a firearm by a prohibited person. Contrary to defendant's argument, there was no error in the denial of his request "to present evidence to the jury that a State investigator had monitored telephone calls" between him and his attorney during his pretrial detention. The court did not abuse its discretion in determining that "the potential for jury confusion" outweighed the value of the cross-examination that defendant sought. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: November 9, 2023, Case #: 2023ME71, Categories: Criminal Procedure, Murder
J. Horton finds that the lower court properly convicted defendant of hindering apprehension or prosecution following a jury trial. It was not error to allow the prosecutor to argue that "there was no evidence" that certain witnesses had a motive to lie. Also, there was no abuse of discretion in denying defendant's request to voir dire the jurors. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: November 9, 2023, Case #: 2023ME70, Categories: Criminal Procedure, Prosecutorial Misconduct
J. Horton finds the trial court properly convicted defendant for the sexual assault of his daughters. Though the trial court excluded evidence that a daughter had made a claim of sexual misconduct committed by another man which was later recanted as false, exceptions to the rule governing such evidence exclusion don���t automatically trigger examination on matters not shown to be relevant to possible bias. Defendant failed to establish error in the court���s ruling that the victim could not be questioned on the accusations. All evidence supports the convictions, and right to confrontation does not apply. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: November 1, 2023, Case #: 09-22-00286-CR, Categories: Evidence, Sex Offender, Child Victims
J. Horton finds the trial court properly terminated a mother���s relationship with her 18-month-old child. The court���s final order states that clear and convincing evidence shows she ���has knowingly placed or allowed [the child] to remain in conditions ... endanger[ing] her well-being and engaged in conduct or knowingly placed [the child] with persons who engaged in conduct which endanger[ed her] physical or emotional well-being.��� The mother���s attorney filed a brief stating that no arguable grounds exist to support the appeal, and all evidence supports the best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: October 19, 2023, Case #: 09-23-00141-CV, Categories: Evidence, Family Law, Guardianship
J. Horton finds the trial court improperly revoked defendant���s probation, sentencing him to five years in prison on his no-contest plea conviction for meth possession. When the court conducted the probation revocation hearing if found that docket sheet reflected that it released defendant���s attorney at a ���Probation Revocation Announcement.��� No other attorney was appointed in the hearing, and nothing in the appellate record shows that the trial court warned defendant about the danger of representing himself. Reversed and remanded.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: October 18, 2023, Case #: 09-22-00338-CR, Categories: Drug Offender, Probation, Self Representation
J. Horton finds the trial court properly convicted defendant for the murder of her 81-year-old father. Though defendant originally said that her father committed suicide by hitting himself with his fists, a spatula and a rolling pin, she later said that he attacked her, and she hit him with the objects in self-defense. Statements made by a detective who was at the scene regarding his beliefs about defendant���s innocence were not objected to at trial and are not preserved for review. Defendant filed no post-judgment motions, and her attorney did not testify. The appeals court has no record to explain why her attorney didn���t object. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: October 18, 2023, Case #: 09-21-00312-CR, Categories: Evidence, Murder
[Consolidated.] J. Horton finds the trial court properly convicted defendant for indecent sexual acts with a child. Defendant was a longtime friend of the eight-year-old girl���s family before other family members noticed that she behaved nervously around him. When asked about this behavior, the child told many family members of various types of sexual abuse perpetrated by defendant. Forensic interview corroborated the necessarily detailed stories. The jury was free to believe or disbelieve the various testimonies and the appellate court will not reweigh the evidence. No abuse of discretion is found. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: October 11, 2023, Case #: 09-22-00230-CR, Categories: Evidence, Sex Offender, Child Victims
J. Horton finds that the trial court improperly convicted defendant for felony DWI, third offense, and sentenced him to 99 years in prison. A prior DWI used as a sentencing enhancement was dismissed after defendant completed probation and did not result in a final conviction. The judgment is reformed according to this evidence. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: September 27, 2023, Case #: 09-22-00136-CR, Categories: Sentencing, Dui
[Consolidated] J. Horton finds the trial court properly convicted defendant for assault and unlawful possession of a firearm stemming from an altercation involving defendant choking his girlfriend, her son stabbing defendant, and defendant stealing a firearm in order to protect himself. Defendant was not harmed by the omission of his defense-of-property theory in the charge. Necessity is a confession and avoidance defense, which requires admitting to the conduct before benefitting from instructions on a necessity claim. The record doesn���t show defendant ever admitted he was in possession of a firearm, and so the court did not err in refusing to charge the jury on his necessity defense. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: September 13, 2023, Case #: 09-21-00346-CR, Categories: Firearms, Assault, Jury Instructions
[Consolidated] J. Horton finds the trial court properly convicted defendant for two counts of aggravated robbery, sentencing him to concurrent 15-year terms in prison. The record contains ���uncontradicted testimony��� that shows defendant ���was on marijuana, percocets, and promethazine��� when the robberies occurred. Defendant has failed to preserve other evidentiary and due process issues. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: September 13, 2023, Case #: 09-22-00096-CR, Categories: Robbery, Sentencing, Due Process
J. Horton finds that the lower court properly issued a declaratory judgment but improperly entered an injunction in this dispute over a property owner's use of his oceanfront property for short-term rentals. The lower court correctly determined that the rentals "violated a deed restriction," specifically as to the provision prohibiting "trade or business." However, the injunction lacked the required specificity, and the matter must be remanded for further proceedings. Affirmed in part.
Court: Maine Supreme Court, Judge: Horton, Filed On: September 5, 2023, Case #: 2023ME62, Categories: Civil Procedure, Real Estate, Business Practices
J. Horton finds that the lower court properly awarded attorney fees to the Human Rights Defense Center after ruling that the risk pool "had refused in bad faith" to comply with a records request. The risk pool's failure to produce records "constituted a bad-faith refusal," so the attorney fees are warranted. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: August 22, 2023, Case #: 2023ME56, Categories: Public Record, Attorney Fees