6 results for 'judge:"Marion"'.
J. Marion finds a lower court erred in denying the San Antonio Water System’s plea to the jurisdiction and claims of governmental immunity after it sued a contractor and its insurer for breach of contract related to a public works project and then was countersued by the insurer. While the water system acknowledges that it can be sued for breach of contract, and that that claim is thus still pending, the system is right that other claims, such as for “improper release of contract funds,” must fail on immunity grounds, including because the water system did not enter a contract directly with the insurer. Reversed.
Court: Texas Courts of Appeals, Judge: Marion, Filed On: January 3, 2024, Case #: 08-23-00123-CV, Categories: Government, Immunity, Contract
J. Marion finds a lower court ruled correctly in convicting defendant of felony stalking. Defendant argued that Facebook messages had been entered into evidence without proper authentication, but since the messages contained “internal characteristics” that were consistent with defendant’s writing style and his relationship with the victim, this court cannot say that the lower court abused its discretion or that jurors were unreasonable in determining the messages were from him. Affirmed.
Court: Texas Courts of Appeals, Judge: Marion, Filed On: December 19, 2023, Case #: 08-23-00109-CR, Categories: Evidence, Jury, Tort
J. Marion finds a lower court did not err in modifying child and medical support obligations following a pro se appeal by the father. While the father argues that such terms “cannot be changed without proof of fraud,” the Texas Family Code in fact allows for modification given changes in “the circumstances of the child,” as is the case here.
Court: Texas Courts of Appeals, Judge: Marion, Filed On: November 30, 2023, Case #: 08-23-00138-CV, Categories: Family Law, Guardianship
J. Marion finds a lower court ruled correctly in convicting defendant of assault. Defendant argued that a lower court erred in admitting testimony about another person “brandishing a gun” during the incident, which defendant argued was “unfairly prejudicial and inflammatory” and not relevant to the case, but defendant did not adequately preserve this issue for review by failing to sufficiently object to this evidence at trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Marion, Filed On: November 28, 2023, Case #: 08-23-00118-CR, Categories: Evidence, Assault, Due Process
J. Marion finds a lower court ruled correctly in convicting defendant of delivery of a controlled substance. Defendant argued there was not adequate evidence to convict her and that a lower court erred by not instructing the jury that testimony from a confidential informant must be corroborated by law enforcement, but defendant did not object to the lack of instruction at trial and there is other evidence linking her to the offense. Affirmed.
Court: Texas Courts of Appeals, Judge: Marion, Filed On: November 20, 2023, Case #: 08-23-00126-CR, Categories: Drug Offender, Evidence, Jury Instructions
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J. Marion finds a lower court ruled correctly in convicting defendant of assault on a police officer. Defendant argues there was not sufficient evidence to convict him, but in fact defendant “does not dispute he kicked” an officer and instead argues he did not know the person was an officer. Affirmed.
Court: Texas Courts of Appeals, Judge: Marion, Filed On: November 10, 2023, Case #: 08-23-00155-CR, Categories: Evidence, Assault