162 results for 'casenum:"12"'.
J. Hoyle finds the trial court properly convicted defendant for possession of a firearm by a felon. Defendant was arrested after a traffic stop and the ensuing vehicle search produced the firearm. Defendant was stopped after multiple restaurant patrons witnessed him arguing with a waitress and offered to follow her home. During the drive, the witnesses observed defendant trying to hit the waitress with his truck. Defendant's status as a felon and other substantial evidence supports the conviction. The prosecutor’s asking the jury to put itself in the victim’s place does not fall outside proper jury argument, as it was an appropriate response to the defense's argument seeking to have the jury focus on the waitress's testimony that she did not want defendant to be arrested. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: May 15, 2024, Case #: 12-23-00269-CR, Categories: Evidence, Firearms
J. Worthen denies the property occupants' request for a writ of mandamus. The occupants seek to challenge the order of possession, the denial of their motion to reduce the bond, and to stay issuance of the writ of possession. The occupants have failed to establish the court improperly set the amount of the supersedeas bond at $7,500 and overruled the motion to reduce the bond and stay proceedings. The occupants had sufficient information upon which to exercise discretion. Based upon their income, expenses, personal property, and evidence of resale and rental values of the premises, a bond of $7,500 would not subject them to economic harm and was necessary to protect property owner.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 15, 2024, Case #: 12-24-00076-CV, Categories: Landlord Tenant, Property, Due Process
J. Solomon finds that the appellate division properly ruled against plaintiff in claims seeking personal injury protection as a pedestrian after he was struck and injured by an automobile while he was riding a low-speed electric scooter. At the time of the accident, the scooter was being propelled by more than muscular power, and the vehicle was designed for highway use. Meanwhile, expanding the definition of "pedestrian" to include scooter operators would fall under the purview of the state legislature. Affirmed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: May 14, 2024, Case #: A-12-23, Categories: Vehicle, Negligence
J. Neeley finds the county court properly granted the dept's. plea to the jurisdiction. The female African American former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the dept. did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the tort claims act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated, and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00204-CV, Categories: Jurisdiction, Employment Discrimination, Employment Retaliation
J. Worthen finds the trial court properly terminated the divorce proceedings. Though the couple were previously in a romantic relationship for more than 20 years, they agree that no ceremonial marriage ever occurred, nor did they ever file a declaration and registration of an informal marriage. General, conclusory statements from a witness with whom the couple socialized are not sufficient to raise a fact issue as to whether they represented to others they were married. No evidence presented raises a fact issue as to a formal or informal marriage existing. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 8, 2024, Case #: 12-23-00230-CV, Categories: Evidence, Family Law
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J. Neeley finds the trial court improperly awarded the ex-wife spousal maintenance. Though the ex-wife suffered from arteriovenous malformation while pregnant and after giving birth, she worked as a teacher during the marriage and fails to show her incapability of providing for her minimum reasonable needs. The evidence is insufficient to support a finding she lacks sufficient property and the earning ability to provide for her minimum needs. The spousal maintenance award is reversed, though all other aspects of the decree are affirmed. Reversed in part.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00239-CV, Categories: Family Law, Health Care, Contract
J. Neeley finds the trial court properly convicted defendant for burglary of a habitation. After being dispatched on a criminal trespass call, officers found defendant's girlfriend at her apartment bleeding from around her ear. She explained that defendant, who had stayed with her at times but whose name was never on the lease, had struck her and left. The apartment manager had also previously requested a criminal trespass warning against defendant after he had stolen items. Although the evidence suggests defendant's name may have been attached to the utility account, this would not grant him equal or greater ownership rights to the apartment. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00237-CR, Categories: Burglary, Assault, Trespass
J. Neeley finds the county court properly granted the Department of Health and Human Services' plea to the jurisdiction. The black, female former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the department did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the Texas Tort Claims Act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00204-CV, Categories: Jurisdiction, Employment Discrimination, Employment Retaliation
J. Worthen finds the trial court properly granted the city's motion for summary judgment. The probationary patrol officer, who was prescribed Percocet for pain management of pancreatitis, was terminated for failure to perform his duties. Sufficient evidence shows the officer was unable to satisfactorily perform the duties of his job. No error is found in the court's exclusion of evidence of the city's background check on the officer. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 8, 2024, Case #: 12-23-00289-CV, Categories: Employment, Evidence, Municipal Law
J. Hoyle finds the trial court properly convicted defendant for murder. Testimony from neighbors shows defendant and his girlfriend were experiencing tension in the relationship after their daughter was born, and that this was exacerbated by defendant's recent wreck in his truck and a winter storm. A female witness with whom defendant had flirted in the past testified the girlfriend retrieved a gun when defendant taunted her with the flirtation. Defendant shot and killed the girlfriend when attempting to take the gun from her. His version of how the shooting occurred was inconsistent with the blood spatter evidence and other forensic evidence, such as the fact that the bullet did not exit the girlfriend's skull. A rational factfinder reasonably could infer that defendant intentionally or knowingly shot the victim. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: May 8, 2024, Case #: 12-23-00208-CR, Categories: Evidence, Firearms, Murder
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. Worthen finds the trial court properly entered a take nothing judgment against the driver. It is undisputed the insured driver was injured by the at-fault, hit-and-run driver. The insurer paid policy limits and says the driver is abusing the system by seeking $400,000 in damages. Photos of the accident showed minor damage to the driver's car. Furthermore X-ray, MRI and EMG evidence showed the driver had chronic and degenerative conditions resulting from a prior injury but did not show evidence of acute injuries. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: April 17, 2024, Case #: 12-23-00133-CV, Categories: Evidence, Insurance
J. Neeley denies the estate executor's petition for a writ of mandamus. The executor seeks to challenge the court's discovery order requiring him to make a full accounting of the estate after he was accused of breach of fiduciary duty, conversion, and partition of real estate and mineral interests. Testimony shows the executor has the requested documents in his possession, and no abuse of discretion is found.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: April 10, 2024, Case #: 12-24-00023-CV, Categories: Wills / Probate, Fiduciary Duty, Discovery
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. Neeley finds the trial court properly denied defendant's motion to suppress during his drug case. Officers obtained a warrant to search defendant's home after he was identified by an informant who admitted to having drugs during a traffic stop. Though the informant's information had not been corroborated, his first-hand observation of criminal activity provides a basis for his knowledge of the facts. Credibility need not be independently established when no confidential informant is used. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: April 3, 2024, Case #: 12-23-00268-CR, Categories: Drug Offender, Evidence
J. Worthen finds the trial court improperly concluded the brother breached a contract with his sister. The siblings inherited portions of their mother's property, along with her debts. They executed an agreement from which the sister sued for breach after she finished making payments on the debts and the brother failed to transfer her portion of the property. Although jury instructions provided a definition of “condition precedent,” no questions asked the jury to determine the fulfillment of the conditions. The brother could not have breached the contract had the sister not failed to pay the note, and there is no proof the note was paid in full. Reversed in part.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: April 3, 2024, Case #: 12-23-00116-CV, Categories: Property, Wills / Probate, Contract
J. Neeley finds the trial court properly revoked defendant's community supervision for his guilty plea conviction for assaulting a member of his household by impeding breathing or circulation. Defendant's supervision was properly revoked for his failure to submit to a urinalysis and for committing another assault against a different victim. If defendant's right to confront the alleged victim during the revocation hearing was violated, any error regarding a violation to which he pleaded “not true” did not contribute to his conviction because he pleaded “true” to other offenses. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: March 28, 2024, Case #: 12-23-00199-CR, Categories: Probation, Assault, Due Process
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. Neeley finds the trial court properly convicted defendant for assault on a public servant. A habitual offender sentencing enhancement resulted in a potential life sentence. Defendant moved for a competency evaluation, which resulted in the determination he was competent to stand trial. Defendant attempted to challenge the evaluation in various ways during trial. Though there is some evidence of mental illness, there is none from which it may be inferred the illness renders defendant incapable of consulting rationally with counsel. No evidence supports a finding defendant is incompetent to stand trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: March 28, 2024, Case #: 12-23-00094-CR, Categories: Competence, Sentencing, Assault
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
J. Worthen finds the trial court properly found for a water district. The property owner declined the district's offer to purchase an easement across a portion of their property containing a water well and the district then filed a condemnation petition. After the owner declined to respond for more than three years, the trial court granted summary judgment to the district, vesting it with the property rights, and awarding the owner $29,000. The owner made no objection at trial to the alleged deficiencies in the affidavit asserting no bona fide offer was made from the county. The owner has failed to preserve the arguments about the affidavit’s defects. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: March 28, 2024, Case #: 12-23-00254-CV, Categories: Administrative Law, Property, Water
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. Worthen finds the trial court properly denied defendant's second motion for post-conviction DNA testing. Defendant was convicted of capital murder and sentenced to life in prison for the robbery and shooting death of a convenience store operator. Eyewitness testimony and DNA evidence link defendant to the scene of the crime during the appropriate timeframe. Defendant does not explain what newer testing techniques are available, what result he anticipates the testing would produce or how that result would cast doubt on the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: March 28, 2024, Case #: 12-23-00246-CR, Categories: Dna, Murder, Robbery
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. Hodge finds the superior court improperly reversed a lower court's decision in the tenant and landlord's dispute over a commercial lease ordering restitution to the landlord and the release to her of rent money held in escrow. The superior court incorrectly dismissed the landlord's lawsuit on subject-matter jurisdiction grounds, in part because the relevant Virgin Island statutes, including the one relating to "forcible entry and detainer" actions to recover possession of a premises, do not prohibit inquiries into the validity or existence of lease agreements. The portion of the tenant's appeal relating to the restitution of the premises is now moot because he vacated the premises in 2021, but the portion of the superior court's order awarding escrowed rent money to the landlord is reversed and vacated. Reversed in part.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: March 6, 2024, Case #: 2024 VI 12, Categories: Landlord Tenant, Jurisdiction, Contract
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. Worthen denies the parent's petition for a writ of mandamus challenging a protective order. The order was entered against the parents on behalf of their child after a minor told his mother the child had touched his penis and exposed him to others on the school bus in exchange for Pokemon cards. The parent's essential argument that a child victim cannot seek protection when the offending person is another child is contrary not only to the relevant statute’s purpose, but also to the state's policy to protect the interests of children.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: February 29, 2024, Case #: 12-24-00010-CV, Categories: Civil Procedure, Family Law, Restraining Order
J. Neeley finds the trial court properly convicted the county judge for violations of the Texas Open Meetings Act. The county attorney learned of a meeting that occurred between the judge and members of the commissioner's court without his presence. Surveillance video and testimony from the court members show the judge improperly made motions to hire a road engineer and discussed budget issues outside the presence of the county attorney. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: February 29, 2024, Case #: 12-23-00191-CR, Categories: Government, Judiciary, Public Record