12 results for 'judge:"Wallach"'.
J. Wallach upholds the probate court's order authorizing the use of psychoactive medications on defendant, who was found incompetent to stand trial on aggravated robbery and assault with a deadly weapon charges. Evidence indicates defendant lacks the capacity to make decisions regarding his medications. Affirmed.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: December 7, 2023, Case #: 02-23-00290-CV , Categories: Commitment
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J. Wallach reverses the trial court's order granting a protective order to a mother for her eldest child, which prohibits the father from contacting the child. The trial court improperly granted the state's request to interview the child in chambers and the evidence does not support the protective order. Reversed.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: September 7, 2023, Case #: 02-22-00479-CV, Categories: Family Law, Restraining Order
J. Wallach certifies class claims in which shareholders of a banking corporation allege disclosure violations occurred pertaining to compliance with anti-money laundering laws. However, merger arbitrageurs are excluded from the class. Meanwhile, the expert report passed the "Daubert" test, which supports damages theories for purposes of class certification.
Court: USDC Delaware, Judge: Wallach, Filed On: August 28, 2023, Case #: 1:15cv897, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Damages, Experts, Class Action
[Consolidated.] J. Wallach upholds defendant's convictions for aggravated sexual assault of a child and other crimes related to his kidnapping and rape of a 5-year-old girl, whom he left under a trailer in subfreezing temperatures after hitting and strangling her. The trial court properly refused to suppress, as defendant's statements were not involuntary. Affirmed.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: July 20, 2023, Case #: 02-21-00174-CR , Categories: Evidence, Sex Offender, Self Incrimination
J. Wallach upholds the trial court's ruling in a divorce case awarding ownership of the couple's fertilized, frozen embryos to the husband. The embryos are considered property, rather than unborn children, and the parties' agreement with the fertility clinic is considered a binding contract. Affirmed.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: July 13, 2023, Case #: 02-22-00343-CV , Categories: Family Law, Contract
J. Wallach finds the trial court was not required to include a jury instruction during defendant's DWI trial regarding the legality of the collection of evidence. Although the arresting officer did not cross through the pre-printed phrase "traffic stop" on the affidavit form, no other evidence, including the officer's description of his interaction with defendant, supports that it was a traffic stop. Affirmed.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: June 15, 2023, Case #: 02-21-00097-CR, Categories: Evidence, Dui
J. Wallach finds the trial court improperly quashed the state's firearm charge against defendant after erroneously finding it did not allege a criminal offense. The state sufficiently alleges defendant violated the law by operating a vehicle while intoxicated while in the possession of the firearm. Reversed.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: June 15, 2023, Case #: 02-23-00001-CR , Categories: Evidence, Firearms, Dui