41 results for 'judge:"Neeley "'.
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. 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. 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
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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. 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. 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. 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
J. Neeley finds the trial court properly convicted defendant for abandoning or endangering a child. Officers responded to a call a man was lying unconscious outside a vehicle, within which was a screaming 4-year-old. Defendant was found to be impaired, and an empty prescription bottle for methadone and unopened alcohol containers were found in the vehicle. Though defendant says there is no proof the child was in danger, the child's elevated temperature, requiring medical care to normalize, contradicts this claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: February 29, 2024, Case #: 12-23-00095-CR, Categories: Drug Offender, Child Victims, Negligence
J. Neeley finds the trial court improperly dismissed the former resident's liability suit arising from the apartment management's nonrenewal of her lease. The resident moved to another town and was unable to maintain her employment due to the increased commute time. The resident's assertion the original lease was invalid is a conclusion of law, which does not amount to a judicial admission. The record shows the parties agreed the resident was a paying tenant. The testimony and facts are inconclusive. Reversed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: February 22, 2024, Case #: 12-23-00161-CV, Categories: Landlord Tenant, Contract
J. Neeley finds the county court properly terminated the parents' rights to their children. Protective services received reports of unsafe conditions at the family's camper, including lack of food, lack of running water, lack of power to the refrigerator, possible drug use and domestic violence. An investigator confirmed all of this, along with the children's severe hygiene and medical issues, after a home visit. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: February 7, 2024, Case #: 12-23-00258-CV, Categories: Evidence, Family Law, Guardianship
J. Neeley finds the trial court properly convicted defendant for evading arrest and theft of property after he crashed a stolen truck into a pond on private property. Although certain photos supporting an officer's testimony were suppressed, this did not nullify the entirety of her testimony about seeing defendant in the truck. Furthermore, another officer testified he responded to the crash and obtained surveillance video showing the crash and fleeing driver, and that he had known defendant for many years and identified him in court. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: January 31, 2024, Case #: 12-23-00099-CR, Categories: Evidence, Theft, Vehicle
J. Neeley finds the trial court properly convicted defendant for meth possession. Though defendant was found not guilty for intent to deliver, because the possession conviction was enhanced by prior felony convictions designating him as a habitual offender, defendant was sentenced to 99 years. The possession conviction, enhanced to the punishment range for a first-degree felony, is as serious as the offenses committed by a defendant in a cited case who received a life sentence. Defendant's 99-year sentence is not more severe. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: January 24, 2024, Case #: 12-23-00205-CR, Categories: Drug Offender, Evidence, Sentencing
J. Neeley finds the trial court improperly entered a proposed judgment by a beauty supply company's bookkeeper. The company terminated the bookkeeper and entered into a separation agreement before filing suit for breach of contract and negligent misrepresentation, accusing the bookkeeper of embezzling more than $600,000. Certain testimony is the only record evidence of the agreement and, therefore, no contract exists. Reversed in part.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: December 14, 2023, Case #: 12-23-00050-CV, Categories: Negligence, Contract
J. Neeley finds the trial court properly convicted defendant for theft by a public servant. Defendant, the newly elected county constable, was captured on bodycam stealing from a home where he was serving eviction papers. Defendant's motion to recuse the judge for hostile statements involving treating defendant like anyone else and keeping his case at the top of the docket do not support recusal. Defendant was not allowed to carry a gun while working, which put him in danger. This is a non-biased reason for keeping the case at the top of the docket, and impatient tones of voice do not establish bias or partiality. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: December 6, 2023, Case #: 12-22-00321-CR, Categories: Fair Trial, Judiciary, Theft
J. Neeley finds the trial court improperly dismissed claims brought by the son of an heir to his parents��� estates against the other heir, his sister, who had her mother, who was the trustee of the deceased husband���s estate, rewrite her will in the sister���s favor, effectively appointing her as trustee and executrix of both estates��� assets. The mother���s power of appointment was based on a provision in the father���s will stating that she does not intend to exercise them. Absent a specific reference to the contrary, the mother���s will lacks any ���other indication��� from which the appeals court may infer an intent to exercise the power of appointment created by the father���s will. The court properly ruled on the brother���s daughter���s allegations of fraudulent inducement regarding the brother���s signing of his assets to his sister at his death. Affirmed in part. Reversed in part.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: November 8, 2023, Case #: 12-23-00066-CV, Categories: Fraud, Property, Wills / Probate
J. Neeley finds the trial court properly convicted defendant for possession of a controlled substance. The trial court was not required to suppress evidence, as the arresting officer's search of defendant's vehicle and her clothing were consensual and based on reasonable suspicion.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: November 8, 2023, Case #: 12-23-00103-CR, Categories: Drug Offender, Search
J. Neeley, in this original proceeding, denies the relator and ex-husband���s request for a writ of mandamus to vacate an order disqualifying his attorney upon the ex-wife and real party in interest���s motion to disqualify. The attorney was retained by the then still-married couple to represent them in a suit involving the husband���s termination as chief operating officer of a grocery store holdings company. During the pendency of this suit, the couple divorced, and the wife intervened in the suit as having a community property interest. The attorney adversely cross-examined the wife upon deposition. As the wife���s former counsel, the attorney is privy to confidential information, giving rise to potential prejudice. The husband fails to demonstrate entitlement to mandamus relief. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: November 8, 2023, Case #: 12-23-00236-CV, Categories: Employment, Property, Contract
J. Neeley finds the trial court properly convicted defendant for possession with intent to deliver meth, sentencing him to 65 years in prison. Defendant did not file a pretrial motion to suppress challenged evidence, and did not object when a shotgun, a jar containing 8-balls of meth, and a rifle, magazine, and ammunition were offered into evidence. His challenge to suppress the evidence obtained through warrant is not preserved for review. All evidence is sufficient to support the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: October 18, 2023, Case #: 12-22-00283-CR, Categories: Drug Offender, Evidence, Search
J. Neeley finds the trial court properly ordered the mother���s children returned from the father in Israel. After the parents married in the U.S. and the mother become pregnant with twins, the Israeli-citizen father returned to Israel and divorced the mother because she was not Jewish. The mother travelled to Israel, where she gave birth, then returned with the children to the US. The father then had a petition granted for the children���s return to Israel. The children���s residence for two years has been Texas. Though the father says that he did not receive sufficient notice of the hearing on the mother���s motion, the matter before the court does not implicate the deprivation of his liberty interest in custody, but the correct physical location of the twins. The expired date for the children���s return is modified. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: October 6, 2023, Case #: 12-23-00042-CV, Categories: Family Law, International Law, Guardianship
J. Neeley finds the trial court properly convicted defendant for murder. Though defendant pleaded ���true��� to a sentencing enhancement for a prior conviction for aggravated sexual assault and kidnapping, he says his life sentence is cruel and unusual. Sentencing in a cited case involving enhancements for credit card theft is not constitutionally disproportionate. This much more serious case involving murder, with enhancements for sexual assault and kidnapping, also satisfies the applicable threshold test. No abuse of discretion is found. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: October 6, 2023, Case #: 12-23-00057-CR, Categories: Murder, Sentencing
J. Neeley finds the trial court properly convicted defendant for assault by impeding breath or circulation. Defendant maintains that his arm was around the victim's chest, not her neck or throat, and that her ability to scream negates a finding that her breath was impeded. The responding officer testified that when he arrived at the scene defendant had his hands around the victim's throat and that her eyes appeared "glazed over." After officers removed defendant's hands from the victim's throat, she began screaming. All evidence supports conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: September 20, 2023, Case #: 12-22-00225-CR, Categories: Evidence, Assault, Domestic Violence
J. Neeley finds the trial court properly convicted defendant for possession of meth in an amount less than one gram. The court properly overruled defendant���s motion to suppress evidence discovered during a search of his vehicle as he and a passenger were parked in a stranger���s driveway. The officer had probable cause due to his observation of defendant���s unusual movements, speech and demeanor, along with the passenger���s frequent interjections. The behaviors caused the officer to suspect criminal activity. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: September 6, 2023, Case #: 12-22-00235-CR, Categories: Drug Offender, Evidence, Search
J. Neeley finds the trial court properly revoked defendant���s deferred adjudication community supervision for his guilty plea conviction for engagement in organized criminal activity. Defendant���s motion to quash the state���s motion regarding the allegation that he failed to abide by the terms of his community supervision was properly denied. The trial court sought to explain to the new trial counsel that before the state���s filing of its motion to adjudicate, the court met with defendant���s prior attorneys along with the prosecuting attorney and, at defendant���s request, the alleged violation was crafted in such a way that the nature of defendant���s agreement was intentionally obfuscated. The trial court took judicial notice, and, to the extent that such facts may not be an appropriate subject of judicial notice, defendant made no objection, failing to preserve error. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: September 6, 2023, Case #: 12-22-00305-CR, Categories: Probation, Conspiracy
J. Neeley finds the trial court properly convicted defendant for sexual assault of his 16-year-old niece. Though defendant���s mother told police that her son confessed and ���repented,��� but that she doesn���t think he is guilty, and the victim���s mother testified that she doesn���t believe her daughter���s allegations in spite of the confession, a forensic interviewer testified that the victim is believable. Because defendant testified that the victim lied, his credibility was at issue, and his immigration status was relevant as a possible motive for lying. The state presented strong evidence of guilt, including the victim���s and her mother���s testimony that defendant apologized for the assault. Defendant also fails to demonstrate a reasonable probability that, but for counsel���s errors, the result would have been different. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: September 1, 2023, Case #: 12-22-00148-CR, Categories: Evidence, Sex Offender, Child Victims
J. Neeley finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. After an initial mistrial, the state reindicted defendant, clarifying the wording of the manner and means of committing the offense, and he pled not guilty after his motion to dismiss on limitations grounds was denied. Both the victim and defendant���s ex-girlfriend testified that he displayed a firearm, shooting in the direction of the victim. The first shot was near the location where a spent shotgun shell casing was later found. Other spent shell casings were found in a van along with defendant���s phone. From this evidence, a jury could have found beyond a reasonable doubt that defendant knowingly threatened the victim with imminent bodily injury while using or exhibiting a firearm. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: September 1, 2023, Case #: 12-22-00304-CR, Categories: Evidence, Firearms, Assault
J. Neeley finds the trial court properly appointed the Texas Department of Family and Protective Services as sole managing conservator of the child, declining to appoint the mother. After the mother randomly left Nevada, her state of residence, taking the child to Texas and leaving it at a hospital, saying that she ���needed a break,��� the investigation revealed that the mother was under the controlling ���spell��� of a man with involvement in drugs. The mother would effectively do whatever he told her to do, leading to negligent parenting. All evidence supports the best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: August 23, 2023, Case #: 12-23-00079-CV, Categories: Evidence, Family Law, Guardianship