51 results for 'court:"Texas Court of Criminal Appeals"'.
J. Walker finds that the court of appeals should have upheld defendant's conviction for committing sexual assault by penetrating the victim's sexual organ with his sexual organ because any error as to whether penetration occurred with defendant's sex organ or his mouth did not rise to the level of egregious harm. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Walker, Filed On: December 20, 2023, Case #: PD-0918-20, Categories: Sex Offender
J. Hightower finds the lower court properly denied a property owner’s motion to dismiss. The property owner argues he was named a third party in a lawsuit because he filed a warranty deed for the property, but the party bringing the suit argues he was named because of his interest in the property, not because of the filing of the warranty deed; the instant court agrees. The property owner’s argument that the claims against him are a violation of his rights under the Texas Citizens Participation Act (TCPA) are without merit as the TCPA does not apply in this circumstance. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Hightower, Filed On: October 31, 2023, Case #: 01-21-00539-CV, Categories: Real Estate, Foreclosure, Contract
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J. Keller finds that upon reconsideration of defendant's habeas petition, which claimed false testimony related to his murder conviction, the court's previous denial stands. None of the newly presented material which alleges false testimony is convincing to likely change the outcome of his conviction.
Court: Texas Court of Criminal Appeals, Judge: Keller, Filed On: September 27, 2023, Case #: WR-81,574-02, Categories: Death Penalty, Habeas, Murder
J. Keller finds that the trial court improperly ruled in claims concerning a surety company's liability regarding civil filing fees related to forfeiture because the surety is not liable for fees the state is exempt from paying or which duplicate fees already charged. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Keller, Filed On: September 20, 2023, Case #: PD-0018-23, Categories: Forfeiture
J. Baker finds that the trial court properly ruled in favor of the Texas Medical Board, affirming its decision to issue sanctions against a doctor for violating a law related to providing medical records to a patient. There is documentary evidence supporting the allegation that the doctor withheld records from the patient. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Baker, Filed On: June 28, 2023, Case #: 03-21-00593-CV, Categories: Health Care, Licensing, Sanctions