20 results for 'judge:"van Cleef"'.
J. Van Cleef grants on appeal the cost reduction requests by an indigent defendant sentenced to 20 months in state jail for violating the terms of his community probation for unauthorized use of a vehicle. The trial court erroneously assessed $765 in attorney fees against the indigent defendant without finding a “material change in financial circumstances.” The trial court also failed to orally announce a $1,500 fine at the sentencing, which is deleted. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: May 16, 2024, Case #: No. 6-24-3-CR, Categories: Sentencing, Sanctions, Attorney Fees
J. Van Cleef affirms the trial court’s defendant's 65-year sentence for his aggravated sexual assault of a child conviction, dismissing the undisputed yet harmless argument the sentencing judge did not orally inform him he faced anywhere from 5 years to life behind bars or that he would be required to register as a sex offender. Both admonishments were included in plea documents signed by defendant and defense counsel. Texas prosecutors agreed not to ask the court to sentence him to more than 40 years confinement. However, defendant was advised the judge was not bound by any agreement between the state and defendant, according to transcripts of the sentencing proceedings. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: May 15, 2024, Case #: 6-23-56, Categories: Sentencing, Sex Offender, Child Victims
J. Stevens, finding no reversable error, upholds the trial court’s revocation of the defendant’s 10-year sentence to community supervision following his plea of guilty to deadly discharge of a firearm. He was sentenced to eight years in prison. Affirmed.
Court: Texas Supreme Court, Judge: Van Cleef, Filed On: May 2, 2024, Case #: 06-23-221-CR, Categories: Firearms, Sentencing
J. Van Cleef uphold the trial court’s judgment of a life sentence for aggravated sexual assault and family violence “occlusion,” which requires enhanced penalties under Texas law for choking the victim, a mother of three young children. The trial court properly allowed the victim to testify about the defendant’s prior conviction and allowed a state witness to testify about the victim’s truthfulness. Furthermore, the conviction is supported by sufficient evidence, including the victim's detailed testimony that defendant would force her to brush his teeth and bathe him after he raped and sodomized. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: April 24, 2024, Case #: 06-23-00128-CR , Categories: Evidence, Ineffective Assistance, Sex Offender
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J. Van Cleef upholds defendant's conviction for attempting to evade arrest and detention and 10-year sentence. Captured after a manhunt, he was arrested for possession of methamphetamine then treated at a hospital, under law enforcement supervision. After his hospital discharge, he “took off running” while handcuffed and was then recaptured by a game warden and a K-9 dog. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: April 19, 2024, Case #: 6-23-197-CR, Categories: Drug Offender, Escape
J. Rambin reverses a trial court order denying a male noncitizen’s request to dismiss a criminal misdemeanor charge against him, pursuant to the governor’s order to jail migrants for illegally crossing the Texas-Mexico border. Citing similar evidence in precedent cases, the non-citizen met his burden of showing the governor’s order has the discriminatory effect and purpose of selective prosecution based on gender discrimination. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: April 16, 2024, Case #: 06-24-40-CR, Categories: Constitution, Immigration, Trespass
J. Van Cleef affirms the trial court’s defendant's conviction for aggravated sexual assault of a child and sentence of 99 years in prison. The trial court properly allowed defendant to impeach a witness - the mother of the child victim -- who had a prior conviction for receiving stolen property from more than 10 years ago. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: April 12, 2024, Case #: 06-23-105, Categories: Witnesses, Child Victims
J. van Cleef finds that the trial court improperly denied summary judgment to the property owner after a driver crashed into a tree that had earlier fallen from the property and onto the road during a windstorm. The property owner "owed no legal duty" to the driver, who takes nothing on the claim. Reversed.
Court: Texas Courts of Appeals, Judge: van Cleef, Filed On: March 21, 2024, Case #: 06-23-00060-CV, Categories: Property, Negligence
J. van Cleef finds the lower court properly granted summary judgment to an heir in this matter of property ownership. A tract of land was divided between three children of a decedent, then two of the three children died. The one remaining child conveyed the property to a couple, who then sold the property to a foundation. The documented heir of one of the deceased children contested the sale of the property, and the lower court found her to be the rightful half owner of the tract. On appeal, the foundation argues it is the sole owner of the property because they purchased it in good faith, but the instant court agrees with the lower court’s finding that the heir is one-half owner of the tract. Affirmed.
Court: Texas Courts of Appeals, Judge: Van Cleef, Filed On: March 13, 2024, Case #: 06-23-00073-CV, Categories: Property, Wills / Probate
J. van Cleef finds that the trial court improperly granted default judgment against the mother and appointed the paternal grandparents as sole managing conservators of the children. Service on the mother was defective since the individual who attempted service was the attorney for the grandparents, and she was not authorized under the rules of civil procedure to serve process. Reversed.
Court: Texas Courts of Appeals, Judge: van Cleef, Filed On: March 1, 2024, Case #: 06-23-00067-CV, Categories: Civil Procedure, Family Law
J. van Cleef finds that the trial court properly modified the parties' divorce and allowed the mother to relocate the children to Maine. The evidence showed that a "substantial change of circumstances" had occurred and that the relocation was in the best interest of the children. "Maine had better rated schools with a twelve-to-one student-to-teacher ratio versus Texas's twenty-four-to-one ratio." Affirmed.
Court: Texas Courts of Appeals, Judge: van Cleef, Filed On: August 24, 2023, Case #: 06-23-00012-CV, Categories: Evidence, Family Law
J. van Cleef finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the statutory ground for endangering conduct and the best interest finding. The mother had previously lost her parental rights to some of her other children, and she has a history of substance abuse and criminal activity. Affirmed.
Court: Texas Courts of Appeals, Judge: van Cleef, Filed On: August 14, 2023, Case #: 06-23-00010-CV, Categories: Evidence, Family Law
J. van Cleef finds that while sufficient evidence supports the trial court's decision to adjudicate defendant's guilt on counts of sexual assault of a child following the revocation of his community supervision for a failed drug test, he was "harmed by a denial of his right to confront the key witness against him." The case is remanded for a new adjudication hearing. Reversed.
Court: Texas Courts of Appeals, Judge: van Cleef, Filed On: June 22, 2023, Case #: 06-22-00170-CR, Categories: Confrontation, Probation, Sex Offender
J. van Cleef finds that the trial court properly terminated the father's parental rights to his daughter based on sufficient evidence to support the best interest finding. The evidence showed the father was not able to meet the child's needs due to his lack of stability, income or a home. Affirmed.
Court: Texas Courts of Appeals, Judge: van Cleef, Filed On: May 24, 2023, Case #: 06-23-00016-CV, Categories: Evidence, Family Law