54 results for 'judge:"Golemon"'.
J. Golemon finds the trial court properly convicted defendant for DUI. The prosecutor showed the jury a puzzle with pieces missing, and after adding the pieces to show the full picture noted the term "beyond a reasonable doubt" consisted of common sense. The defense objected, arguing the prosecution was attempting to redefine "beyond a reasonable doubt." The judge correctly overruled the objection, telling the jury there was “no specific legal definition of beyond a reasonable doubt” and that it was up to each juror to determine. Dashcam and bodycam videos, as well as the results of field sobriety and breath tests, support the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 15, 2024, Case #: 09-22-00266-CR, Categories: Evidence, Prosecutorial Misconduct, Dui
J. Golemon finds the trial court properly entered the property division enforcement order in this post-divorce proceeding. The ex-husband challenges the order requiring him to vacate the marital residence and ordering the receiver to sell the property and split the proceeds. A trial court that has rendered a final decree of divorce has the power to enforce the property division and to render clarifying orders to enforce compliance. Because no one appealed the enforcement order, the appeals court may not consider the ex-husband's arguments. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 2, 2024, Case #: 09-22-00312-CV, Categories: Family Law, Property
J. Golemon finds the trial court properly convicted defendant for murder. Testimony from 13 witnesses, ballistics and firearms evidence, photographs, and surveillance video clearly showing shots fired from defendant's vehicle support the conviction. Though defendant claims self-defense, the record shows no request for such a jury instruction. Counsel's decisions at trial all fall within the range of reasonable professional assistance. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 1, 2024, Case #: 09-22-00337-CR, Categories: Evidence, Ineffective Assistance, Murder
J. Golemon finds the trial court properly revoked defendant's deferred adjudication community supervision. Convicted by guilty plea as a habitual offender for unlawful possession of a firearm by a felon, defendant was found to have violated the terms of his supervision and was sentenced to 45 years in prison. Counsel has found no arguable grounds for relief and defendant has filed no response. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 1, 2024, Case #: 09-23-00184-CR, Categories: Firearms, Probation, Sentencing
J. Golemon finds the trial court improperly granted a permanent injunction to the successor-in-interest to the grantor of pipeline easements. The grantor successor filed suit against the grantee successor after a dispute developed regarding the use of the grantor's roads and bridges. The grantor failed to prove the grantee engaged in a wrongful act causing the grantor irreparable injury. The trial court improperly permanently enjoined the grantee from exercising its rights under the easements. Awards of fees are based on the erroneous conclusion. Reversed in part.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: April 11, 2024, Case #: 09-22-00117-CV, Categories: Energy, Property
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J. Golemon finds the trial court improperly found for a compan that says it holds a final money judgment and a writ of execution on certain property sold at auction, though the purchaser says he was entitled to the $35,000 in auction proceeds as a bona fide purchaser for value with no notice of the judgment. The purchaser has established he is a bona fide purchaser as a matter of law and entitled to the proceeds deposited in the court's registry. Reversed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: April 4, 2024, Case #: 09-22-00099-CV, Categories: Property, Due Process
J. Golemon finds the trial court properly denied the auto dealer's motion to compel arbitration. The buyer sued the dealer after she discovered that the truck she bought, advertised as new, was not new. The trial court properly found the dealer meant to manipulate the litigation process, prejudicing the buyer, by demanding arbitration after an unexcused 4-year delay, after a trial date had been set, and after the court granted the buyer's motion to compel discovery. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: March 14, 2024, Case #: 09-23-00098-CV, Categories: Arbitration, Commerce, Due Process
J. Golemon finds the trial court properly convicted defendant for felony possession of PCP. After defendant was pulled over for failure to stop at a stop sign, an officer observed he was defensive and confused. When asked for ID, defendant produced a Crown Royal bag from his pant leg. This prompted the officers, along with other indicators of intoxication, to have defendant exit the vehicle. A search yielded the PCP. The court was not required to instruct the jury on conflicting evidence regarding whether defendant had run the stop sign in the first place. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 21, 2024, Case #: 09-22-00406-CR, Categories: Drug Offender, Search, Vehicle
J. Golemon finds the trial court properly convicted defendant for possession with intent to deliver and manufacture a controlled substance. Although he was arraigned outside the presence of the jury, and in front of the sworn jury, defendant did not appear at his trial. The court sentenced him to 25 years in prison outside his presence. Defendant failed to explain his absence and did not file a motion for new trial or supplement the record with evidence explaining his absence. The appeals court defers to the trial court’s voluntariness determination. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 21, 2024, Case #: 09-23-00106-CR, Categories: Drug Offender, Sentencing, Due Process
J. Golemon finds the trial court properly appointed the intervening foster parents as permanent managing conservators with the right to designate the child's primary residence after the child was removed from her mother's care when police found her locked in a bathroom and hallucinating. The trial court found that appointing the mother as a managing conservator would “significantly impair the child’s physical health or emotional well-being.” The record includes evidence of the mother's past and present misconduct, as well as that regarding the stability of the current placement. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 15, 2024, Case #: 09-23-00292-CV, Categories: Family Law, Guardianship
J. Golemon finds the county court properly found for a mineral processor in an interlocutory appeal arising from a contract formation dispute involving how the processor requested the equipment provider submit its proposal for an equipment sale. The processor’s purchase orders do not incorporate the provider's proposals and attached terms and conditions. The processor is not bound by the terms and conditions that include a waiver of damages. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 15, 2024, Case #: 09-23-00028-CV, Categories: Energy, Damages, Contract
J. Golemon finds the trial court properly convicted defendant for promotion of prostitution. Defendant was arrested after engaging in online messages and meeting with a female undercover agent who had advertised sexual services as part of a sting operation. Though defendant did not pay for or offer to pay for sex, video and testimonial evidence shows he offered pimping services to the agent, promising her greater income and protection in exchange for an intimate relationship and half of her profits. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 14, 2024, Case #: 09-22-00141-CR, Categories: Evidence, Sex Offender, Prostitution
J. Golemon finds the trial court improperly found for an EMT on his action against a city and city manager to have himself deemed a firefighter for purposes of the Civil Services Act. The trial court should have granted the city manager's plea to the jurisdiction, as the EMT failed to plead facts showing the manager makes such classification decisions. Reversed in part.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: December 21, 2023, Case #: 09-22-00413-CV, Categories: Municipal Law, Jurisdiction
J. Golemon finds the trial court properly judged in favor of the property owners in this suit alleging statutory and common law fraud against the canal owner. The property owners say canals providing access to the lake became silted in after rain events, and the canal owner failed to maintain and return them to a navigable state. A real estate broker testified that since the canals silted up, the property listings had the “waterfront portion” removed. This provides a factual basis to support the property owners' diminution of fair market value opinions. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: December 14, 2023, Case #: 09-22-00020-CV, Categories: Fraud, Real Estate
J. Golemon finds the trial court properly convicted defendant for murder based on sufficient evidence. After an altercation during a night of drinking, the employee killed his boss by running over him with a pickup truck. Multiple people witnessed the events, including the victim's and defendant's family members. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: December 13, 2023, Case #: 09-22-00027-CR, Categories: Evidence, Murder
J. Golemon finds the county court improperly denied the Texas Department of Transportation’s motion for no evidence summary judgment and to dismiss this personal injury suit brought by the motorcyclist who crashed due to hitting a pothole. The pothole was not a special defect caused by the department’s actions and there is no evidence that the agency had actual knowledge of the danger of the pothole when the accident occurred. There is no waiver of sovereign immunity under the Texas Tort Claims Act without this evidence, and the trial court lacks subject matter jurisdiction. Reversed and rendered.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 19, 2023, Case #: 09-22-00256-CV, Categories: Government, Vehicle, Negligence
J. Golemon finds the trial court improperly granted the insured party summary judgment on claims alleging a breach of the duty of good faith and fair dealing, which arise from the insurer’s failure to provide wind-driven rain coverage in its basic residential policy. Though insurance code requires windstorm and hail policies to include coverage for wind-driven rain, that coverage can be made available through an endorsement requiring a premium to compensate for the additional risk. The Texas Deceptive Trade Practices Act does not authorize claimants to bring good faith and fair dealing claims against the provider. Reversed and remanded.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 19, 2023, Case #: 09-22-00173-CV, Categories: Insurance, Contract
[Consolidated.] J. Golemon finds the trial court properly convicted defendant for continuous sexual abuse of a child and sexual assault of a child. A victim testified that her stepfather started molesting her when she was 11, and that when she was 16, she told her grandmother about the abuse. She also testified that he sexually abused her sister. All evidence supports the conviction. Defendant opened the door to the admissibility of a video showing him assault the victims’ brother when he, representing himself, questioned the victim about why she did not tell authorities about anything other than sexual acts occurring at the house. Defendant’s objections at trial do not comport with his arguments on appeal and the issues are not preserved. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 18, 2023, Case #: 09-22-00429-CR, Categories: Evidence, Sex Offender, Child Victims
J. Golemon finds the trial court improperly entered summary judgment in favor of the debtor in this suit brought by the factoring company that purchased the debt which was then paid directly to the company from which the debt was purchased. The debtor was not entitled to judgment as a matter of law on its claim that the factoring company should be quasi-estopped from pursuing its claims. The factoring company was entitled to judgment as a matter of law on its claim that the debtor was required to make payments to it because the debtor did not make payments. Reversed and rendered in part. Reversed and remanded in part.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 12, 2023, Case #: 09-22-00376-CV, Categories: Debt Collection, Due Process, Contract
J. Golemon finds the trial court properly convicted defendant for felony possession of meth. Though defendant said that he is a member of the “American National Union,” claiming that the United States is not a country and that he is not subject to the laws, the court fully explained the pitfalls of self-representation and did not abuse its discretion by making no competence inquiry. Defendant’s expressed nervousness showed an understanding of the adversarial nature of the proceedings. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 11, 2023, Case #: 09-21-00390-CR, Categories: Competence, Drug Offender, Self Defense
J. Golemon finds the trial court properly granted summary judgment in favor of the home builder in this negligence suit arising from a slip and fall occurring on the property of or near one of the company’s model homes. No evidence has been shown that the builder had actual or constructive notice of “slime” on the curb outside the home, caused by the home’s lawn sprinkler system. No duty to protect exists. The injured party’s guess that slime takes days or weeks to form is not competent summary judgment evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 5, 2023, Case #: 09-21-00404-CV, Categories: Property, Tort, Negligence
J. Golemon finds the trial court properly ordered the demolition business owner to pay damages to his partner for breaching a settlement agreement. The company defaulted on a loan and the bank collected by garnishing the partner’s personal accounts. The owner then refused to reimburse the partner with his half of the debt. Unambiguous language in the agreement shows the intent for the partner to execute a release of claims in exchange for the owner’s executing a promissory note for $125,000 plus interest. The evidence shows the jury could have reasonably determined that the owner, having agreed to initiate payments, failed to comply. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 5, 2023, Case #: 09-21-00411-CV, Categories: Debt Collection, Business Expectancy, Banking / Lending
J. Golemon finds the trial court properly convicted defendant for aggregate theft by appropriating funds from her employer in the amount of $358,154 over the course of four years. The certified fraud examiner testified that defendant stole from her employer by writing unauthorized checks and deleting the transactions from QuickBooks, altering checks from customers and using company funds to pay for personal items. Though defendant argued that there was consent due to a sexual relationship she had with the owner, the owner denies this. All evidence supports the convictions and was properly admitted; certain claimed errors are not preserved. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 4, 2023, Case #: 09-21-00206-CR, Categories: Fraud, Theft, Embezzlement
J. Golemon finds the trail court properly convicted defendant for sexual assault. Defendant’s request for substitution of counsel was properly denied, as counsel was prepared at the scheduled trial and defendant’s proposed attorney was unavailable. The case had been delayed several times and rescheduling would interfere with the fair administration of justice. Extraneous offense evidence was properly admitted, and defendant has failed to prove ineffective assistance. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 4, 2023, Case #: 09-22-00066-CR, Categories: Evidence, Sex Offender, Due Process
J. Golemon finds the trial court properly entered summary judgment in favor of the property companies in this trespass, water diversion and negligence suit brought by a purchaser whose land tract flooded, claiming it was caused by development on either side of his tract. During the significant period, Tropical Storm Imelda produced nearly 17 inches of rain, which caused flooding irrespective of the development. The purchaser failed to present evidence raising a genuine issue of material of fact as to causation. The purchaser’s deposition testimony conclusively established that he came onto the companies’ property without authorization, and summary judgment was properly granted on their trespass counterclaim. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: September 28, 2023, Case #: 09-21-00267-CV, Categories: Evidence, Property, Tort
J. Golemon finds the trial court improperly denied the insurance association's motion for summary judgment in this dispute over residential wind damage coverage. The association complied with the Consumer Protection Act by offering to cover losses caused by wind-driven rain through the owner's purchase of an endorsement to the basic windstorm and hail policy. The offer after the fact was in compliance. Reversed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: September 21, 2023, Case #: 09-22-00173-CV, Categories: Insurance
J. Golemon finds the trial court properly granted summary judgment to the brother of the decedent, awarding him a 401(k) and profit-sharing plan shared by the decedent and his also-deceased wife. The brother of the wife says that he was designated as her primary beneficiary. The deceased husband's brother provided employer business records as evidence that his brother was a designated beneficiary and documents from the plans showing that benefits were payable to his brother if he was alive at the time of his wife's death. The order in which the spouses died is significant, and the wife's brother failed to raise an issue of material fact. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: September 21, 2023, Case #: 09-21-00284-CV, Categories: Wills / Probate, Contract
J. Golemon finds the trial court properly revoked defendant's suspended sentence for his conviction by guilty plea for felony DWI, subsequent offense. After revocation, he was sentenced to 10 years confinement. Counsel has filed an Anders brief, concluding that the appeal is frivolous. The trial court agreed that no arguable issues support the appeal. It is unnecessary to appoint new counsel to re-brief. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: September 20, 2023, Case #: 09-23-00091-CR, Categories: Sentencing, Dui
J. Golemon finds the trial court properly convicted defendant for felony evading and use of a vehicle as a deadly weapon. During the trial, defendant requested new counsel because his attorney wasn't Black. Defendant also attacked guards in the jail, receiving new charges. No resulting delays infringed on defendant's right to a speedy trial or his right to counsel. Defendant's complaints of counsel impairment do not weigh in favor of a finding of prejudice. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: September 20, 2023, Case #: 09-22-00039-CR, Categories: Weapons, Speedy Trial, Vehicle