40 results for 'judge:"Hoyle "'.
J. Hoyle finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. The wheelchair-bound defendant shot at his cousin, who had pulled over in his vehicle to say "hi." That cousin and another cousin testified there was no conflict or altercation before defendant started shooting. Though defendant says the cousin was "bothering" him, he did not specify how, also telling officers he did not feel threatened when he began shooting. The lower court properly refused to provide a self-defense instruction, as there is no evidence it was necessary for defendant to protect himself. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 17, 2024, Case #: 12-23-00245-CR, Categories: Assault, Weapons, Self Defense
J. Hoyle finds the trial court properly convicted defendant for possession of codeine. Defendant was arrested after officers saw him "hanging out" by a dumpster in a parking lot. Officers discovered three pills containing codeine after defendant consented to a search, and database documentation regarding codeine levels is sufficient to show the codeine content falls within a particular penalty group. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 10, 2024, Case #: 12-23-00145-CR, Categories: Drug Offender, Evidence, Sentencing
J. Hoyle finds the trial court improperly dismissed the property owners' suit. The association placed a lien on property after an owner failed to make maintenance fee payments. The court found in his favor, declaring deed restrictions had expired. Other owners intervened, saying they are similarly situated. The trial court declined jurisdiction, saying it had made a final judgment. However, the judgment states that ���this is a partial summary judgment... [which] does not address any other issue,��� which does not render it a final judgment. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 3, 2024, Case #: 12-23-00215-CV, Categories: Debt Collection, Property, Contract
J. Hoyle finds the trial court improperly granted the county's plea to the jurisdiction, dismissing this suit. The game room operator alleged the county unconstitutionally enacted regulations requiring that game rooms obtain a license. Though sovereign immunity bars Declaratory Judgment Act actions against the state absent a waiver, the Act also allows persons to challenge the validity of ordinances or statutes. Because the county may be bound by a court���s declaration on those ordinances or statutes, they must be ���joined in suits to construe their legislative pronouncements.��� Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00231-CV, Categories: Administrative Law, Licensing, Immunity
J. Hoyle finds the trial court properly convicted defendant for possession of a controlled substance with intent to deliver. Officers found a ledger of narcotic sales, meth and other drug-related items in defendant's vehicle after responding to a domestic disturbance. Defendant says the state���s comments about adding ���cut��� to the meth constitute impermissible jury argument, contending it exceeded evidence presented at trial and did not make a reasonable deduction from that evidence. Defendant did not object to the comment and the argument is not preserved, though the comment still made a reasonable inference regarding the drug/cut mixture quantity. Furthermore, because counsel has wide latitude to draw inferences from the evidence, the argument was not improper. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00100-CR, Categories: Drug Offender, Evidence, Prosecutorial Misconduct
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J. Hoyle finds the trial court properly convicted defendant for three counts of aggravated assault of a child, sentencing him to life in prison. Defendant makes no argument the denial of his motion for continuance would have been error. His belief the mother���s lack of testimony is the reason for the hung jury at first trial is speculation. The record indicates defendant was able to present his defensive positions the victim fabricated the sexual assault claim and that the house was under construction, thereby undermining the victim���s account. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00119-CR, Categories: Evidence, Sex Offender, Child Victims
J. Hoyle finds the trial court properly sentenced defendant on her guilty plea conviction for assault on a public servant. Defendant was sentenced to four years in prison after multiple violations of her terms of community supervision. She pleaded "true" to the violations, conditioned upon her appearance. She missed the first sentencing hearing, as well as the reset hearing, and the court sentenced her to 10 years in prison. Her charge is significantly more serious than offenses committed by the defendant in a cited case involving cruel and unusual punishment. Defendant's sentence is also less severe than the sentence imposed in the cited case. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00251-CR, Categories: Constitution, Sentencing, Assault
J. Hoyle finds the trial court properly ruled in favor of the dog attack victim. Though the dogs were kept on adjoining properties, and there were questions as to who was in actual possession of them as well as who controlled the property, the jury found certain property owners to share in certain percentages of negligence. One of the owners, however, lacked superior ability to control the property, and the evidence is legally insufficient to support a finding of negligence as to this owner. Reversed in part.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 13, 2024, Case #: 12-22-00297-CV, Categories: Property, Tort, Negligence
J. Hoyle finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. Though defendant pleaded true to a sentencing enhancement for a previous conviction for aggravated sexual assault of a child, he claims his 60-year prison sentence amounts to cruel and unusual punishment. The sentence is within guidelines and not constitutionally disproportionate for a habitual offender. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: February 29, 2024, Case #: 12-22-00002-CR, Categories: Sentencing, Assault, Weapons
J. Hoyle finds the trial court properly adjudicated defendant a sexually violent predator, signing an order of civil commitment. Defendant has pleaded guilty to multiple counts of sexually predatory acts upon children, ranging in age from 7 to 11 years old, and having various disabilities. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: February 22, 2024, Case #: 12-23-00240-CV, Categories: Evidence, Sex Offender, Commitment
J. Hoyle finds the county court properly entered a default judgment in favor of a memorial company, which sued a funeral home for $33,000 owed on a consignment agreement for monuments. After proper service was made, no representative for the funeral home answered or appeared, and the funeral home director showed no evidence service was not perfected. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: February 7, 2024, Case #: 12-23-00202-CV, Categories: Debt Collection, Evidence, Contract
J. Hoyle finds the trial court improperly denied the farm equipment owner's request for a new trial. The business partner alleged the owner breached the contract for co-ownership of the equipment and was granted default judgment due to the owner's failure to file an answer. The owner's motion for a new trial was denied, in part, due to his providing no new evidence. However, the owner's excuse for not filing an answer reasonably explains his mistaken belief he was not required to file because the case would be on hold while settlement negotiations were pending. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: January 31, 2024, Case #: 12-23-00069-CV, Categories: Agriculture, Business Expectancy, Contract
J. Hoyle finds the trial court properly convicted defendant for aggravated robbery based on sufficient evidence. The victim testified that as defendant gave him a ride home after he experienced car trouble, defendant revealed he had a machine gun and demanded money. Police located the gun during defendant's later arrest. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: January 24, 2024, Case #: 12-23-00049-CR, Categories: Firearms, Robbery
J. Hoyle finds the trial court properly sentenced defendant following his conviction for possession of a controlled substance. All evidence supports the conviction, all sentencing factors, including the jury's finding of an enhancement as true, were properly considered, and his sentence is within statutory guidelines. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: January 11, 2024, Case #: 12-23-00220-CR, Categories: Drug Offender, Evidence, Sentencing
J. Hoyle finds the county court properly terminated a father's parental rights to the child based on sufficient evidence. Investigators received a call from the mother saying that the child was injured in an altercation between her and the father when she was at his house to pick up the child. The investigator observed no injuries, though several investigators testified to regular occurrences of violence between the mother, father, and other family members, including legitimate threats involving weapons. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: December 20, 2023, Case #: 12-23-00206-CV, Categories: Evidence, Family Law, Guardianship
J. Hoyle finds the trial court properly found for an ice cream restaurant on a negligent hiring claim filed by the parents of a 16-year-old female employee who had a sexual relationship with a 20-year-old male worker. The restaurant has effectively negated its duty; even if the restaurant failed to enforce its own policies, it would not create a negligence duty when none would otherwise exist. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: December 14, 2023, Case #: 12-23-00083-CV, Categories: Employment, Negligence
J. Hoyle finds the trial court properly revoked defendant's community supervision for his conviction on possession of a controlled substance. The court originally approved a plea agreement and sentenced defendant to two years in state jail, probated for four years, also assessing costs and attorney fees, and no abuse of discretion is found. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: December 14, 2023, Case #: 12-23-00068-CR, Categories: Drug Offender, Probation
J. Hoyle finds the trial court improperly denied defendant's motion to rescind its order to withdraw funds from his inmate account for payment of restitution, fees and costs. Defendant was convicted for aggravated assault with a deadly weapon, with the court making an indigency finding, and there is no evidence his financial circumstances have changed since that finding. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: November 21, 2023, Case #: 12-23-00054-CV, Categories: Restitution, Attorney Fees, Civil Rights
J. Hoyle finds the trial court properly granted the ex-wife���s special appearance, dismissing the ex-husband���s suit seeking amendment of the divorce���s maintenance agreement entered in Colorado which requires him to make monthly payments to the wife. The husband filed suit in Texas, where he resides. The husband did not follow procedure for continuing a special appearance and the court properly refused additional jurisdictional discovery. The wife���s jurisdictional status in Colorado is established by her property interest. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: November 8, 2023, Case #: 12-23-00091-CV, Categories: Family Law, Property, Jurisdiction
J. Hoyle finds the trial court properly convicted defendant by guilty plea for theft and declined to give him credit for the full amount of presentence jail time. Defendant's jail-time credit for the theft conviction was properly calculated without including jail time served for a separate offense, as knowledge of his incarceration on a separate offense does not ���change the basis for his confinement, nor ... alter his status.��� Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: November 8, 2023, Case #: 12-23-00127-CR, Categories: Sentencing, Theft
J. Hoyle finds the trial court properly convicted defendant for evading arrest with a motor vehicle and brandishing a deadly weapon: the vehicle. Evidence of pending criminal charges was properly admitted as being more probative than prejudicial. Defendant���s blood alcohol level was over the limit and he was found to be in unlawful possession of a shotgun which was found in the vehicle after his arrest. The arresting officer���s testimony on defendant���s dangerous driving was admissible lay testimony, and there is no abuse its discretion in allowing it. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: October 11, 2023, Case #: 12-22-00287-CR, Categories: Escape, Weapons, Vehicle
[Consolidated.] J. Hoyle finds the trial court properly convicted defendant for unlawful possession of a firearm by a felon and assault of an officer. The arresting officer stopped the vehicle in which defendant was a passenger for a license plate violation. Upon smelling marijuana, the officer had probable cause to search the vehicle, finding marijuana residue and a loaded firearm under the passenger seat. Defendant was arrested after a background search showed that he was a convicted felon. He later resisted arrest, assaulting an officer attempting to detain him for violation of his pretrial release conditions. The undisputed facts are sufficient to support the arrests. Whether defendant possessed the firearm or not is immaterial to the events which led to its discovery. Duplicate court costs will be deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: October 11, 2023, Case #: 12-23-00090-CR, Categories: Search, Assault, Weapons
J. Hoyle finds the trial court properly convicted and sentenced defendant for aggravated kidnapping and assault causing severe bodily injury. Defendant filed a motion alleging entitlement to a new trial because the ���Arresting/Investigating Department��� possessed additional Brady evidence that was not disclosed, and because he had a ���meritorious defense as to the range of punishment.��� A guiding case and applicable threshold test support the 20-year sentence. Defendant has established no grounds for relief and is not entitled to a hearing on his motion for new trial. There is no abuse of discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: October 6, 2023, Case #: 12-23-00107-CR, Categories: Assault, Kidnapping, Due Process
J. Hoyle finds that the trial court improperly granted summary judgment to the construction consultant in this breach of contract suit brought against the plumbing contractor. The consultant says that the contractor did not properly request arbitration. Though the contractor could have demanded a waiver more promptly, this does not establish that it substantially invoked the judicial process to the extent required to demonstrate a waiver of arbitration. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: September 20, 2023, Case #: 12-23-00009-CV, Categories: Arbitration, Construction, Contract
J. Hoyle finds the trial court properly convicted defendant for aggravated sexual assault of his dating partner���s 11-year-old daughter. Though there were trial delays due to scheduling and Covid-19 concerns, defendant did not file a speedy trial motion until approximately 20 months after his arrest. He fails to demonstrate prejudice and the record does not support a finding that his ability to defend was compromised by delays. All testimony was corroborated and the court���s failure to conduct a reliability hearing was harmless. The child���s testimony is also supported by corroborating circumstantial evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: September 1, 2023, Case #: 12-22-00180-CR, Categories: Sex Offender, Speedy Trial, Child Victims
J. Hoyle finds the trial court properly convicted defendant for attempted tampering with evidence, sentencing him to 20 years in prison after he pled ���true��� to enhancements for previous convictions for sexual assault and failure to register as a sex offender. Defendant���s offense is no less serious than the combination of offenses committed in a cited case, though his sentence is significantly less than the life sentence upheld in that case. It is reasonable to conclude that if the sentence in the cited case is not constitutionally disproportionate, then neither is defendant���s. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: September 1, 2023, Case #: 12-23-00067-CR, Categories: Constitution, Evidence, Sentencing
J. Hoyle finds the trial court properly convicted defendant for unlawfully disclosing intimate visual material, sentencing him to 365 days in confinement. Several courts have concluded that there is no First Amendment question, and the appeals court adopts the view. Though defendant says that the state failed to prove his ex-girlfriend had a reasonable expectation of privacy, his own actions reveal that he knew the video of her masturbating was meant to remain private. He sent the video to 84 people only after they broke up and she ghosted him on social media. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: September 1, 2023, Case #: 12-22-00306-CR, Categories: Evidence, Sex Offender, Technology
J. Hoyle finds the trial court properly convicted defendant for aggravated robbery and kidnapping, assault of a pregnant person and unlawful possession of a firearm, sentencing him to life in prison. The victim, his ex-girlfriend, testified that after church defendant prevented her from leaving his presence, that he was drinking and that he asked to use her van. He brandished a gun when she refused, so she gave him the keys. Upon his return, defendant examined the victim���s genitals for signs of sexual activity. She fled to a pizzeria where employees hid her in the freezer. Defendant was arrested when a passing police officer witnessed people fleeing from the pizzeria. Evidence at trial showed that defendant committed aggravated robbery by taking the van at gunpoint. He then held the victim captive, punched her, bit her face and jumped on her stomach. When she escaped, he ran into a store filled with customers and employees, attempting to drag the victim out at gunpoint. While released on bond, defendant broke into the victim���s house and stabbed her while her young children ran for help. All evidence supports conviction and the sentence is not unconstitutionally disproportionate. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: September 1, 2023, Case #: 12-22-00227-CR, Categories: Firearms, Assault, Kidnapping
J. Hoyle finds the trial court properly terminated the mother���s parental rights. A child protection investigation supervisor testified that the mother tested positive for meth, amphetamines and THC, with the child testing positive for drugs at birth and showing eventual withdrawal symptoms. The mother did not make any efforts to complete education, testing or employment services. And the child is found to be thriving in the appropriate, clean, safe and loving foster home. All evidence supports the best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: August 23, 2023, Case #: 12-23-00093-CV, Categories: Evidence, Family Law, Guardianship