9 results for 'judge:"Valenzuela"'.
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
J. Valenzuela reverses, in part, the trial court's refusal to dismiss an attorney's counterclaims under the Texas Citizens Participation Act in a case where an individual accuses him of sexually assaulting him when he was a minor. Only the attorney's defamation counterclaim survives dismissal, as it is the sole claim for which the individual does not establish the judicial proceedings privilege as an absolute defense. Reversed in part.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: August 9, 2023, Case #: 04-21-00582-CV , Categories: Defamation, Assault
J. Valenzuela upholds defendant's civil commitment for sex offender treatment and supervision after he was adjudged a sexually violent predator. Any error regarding a commitment question posed to a juror is harmless given the substantial evidence supporting the jury's verdict. Affirmed.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: August 2, 2023, Case #: 04-22-00324-CV, Categories: Commitment
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J. Valenzuela upholds the lower court's award of continency attorney fees to an individual's former attorney in connection with a personal injury suit. The individual had requested the order granting the attorney summary judgment be reinstated under a Rule 11 agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: July 12, 2023, Case #: 04-22-00194-CV , Categories: Tort, Attorney Fees
Upon en banc reconsideration, J. Valenzuela upholds the trial court's termination of a father's parental rights to his daughter and naming her foster parents as her managing conservators. Evidence indicates the father has a criminal history, used meth with the mother of the child while she was pregnant and was charged with assaulting the woman while she was pregnant. Affirmed.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: May 31, 2023, Case #: 04-22-00264-CV, Categories: Family Law
J. Valenzuela reverses the lower court’s order denying Jim Wells County and its commissioner’s plea to the jurisdiction on a trespass and inverse condemnation lawsuit brought by a ranch that objected to the county’s decision to cut down 49 trees on the ranch’s property. The claims are dismissed. Affirmed in part, reversed in part.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: May 10, 2023, Case #: 4-22-589-CV, Categories: Government, Property, Jurisdiction