Case law

Yeary v. State

734 S.W.2d 766 · Court of Appeals of Texas · Aug 13, 1987

Secondly, Yeary contends that the chain of custody was not properly established so as to assure reliability. … The record in this case clearly indicates that Yeary was traveling eastbound on Highway 30, a public highway in the State of Texas.

Chenault v. Bexar County

747 S.W.2d 400 · Court of Appeals of Texas · Jan 20, 1988

The question arises in the case by reason of the fact that in Precincts One and Three of Bexar County two Justices were established as authorized by TEX. CONST, art. … Comm., 534 S.W.2d 886, 889-90 (Tex.1976), the Supreme Court held, Articles 5, § 30 and 16, § 65 are companion amendments and while Article 5, § 30 *412 clearly sets the general term of office, it does not function independent

Seale v. Muse

352 S.W.2d 534 · Court of Appeals of Texas · Dec 1, 1961

Muse’s affidavit is not shown to have been made with the personal knowledge of Muse nor that Muse is qualified to testify to the contents of such affidavit. … Applying these well-established principles of law to Cornell’s motion it becomes evident that a two-fold burden existed, namely, to establish affirmatively that no material fact or facts entitling plaintiff to recover remains

Beckley v. State

827 S.W.2d 74 · Court of Appeals of Texas · Mar 17, 1992

In both of the above cases, the evidence which was excluded called into question the credibility of witnesses crucial to the establishment of the offense. Lackey v. State, 777 S.W.2d 199, 200 (Tex.App. … The Court has qualified this witness as to what — as to being a competent witness, and she’s trying to tell what the child said.

Pendleton v. Burkhalter

432 S.W.2d 724 · Court of Appeals of Texas · Sep 5, 1968

Pendleton’s actions were abnormal but has since decided he was not qualified to make a decision. … These allegations, we think, clearly classify ap-pellee’s cause of action as one for malicious prosecution.” Points ten and eleven are overruled.

Chakravarthy v. State

516 S.W.3d 116 · Court of Appeals of Texas · Feb 9, 2017

To evaluate scientific evidence’s reliability, we look to the criteria established in Kelly v. … sufficient to produce the result and the conduct of the actor clearly insufficient.”

Baldwin v. Fleck

168 S.W.2d 904 · Court of Appeals of Texas · Jan 28, 1943

It must appear that all of these elements have been clearly established before the gift can be sustained. Harmon v. Schmitz, Tex.Com.App., 39 S.W.2d 587 ; Allen-West Commission Co. v. Grumbles, 8 Cir., 129 F. 287 . … That in either event, the intention must be clearly proven and such intention must be shown to have been carried into effect by the donor or settlor.

Bowen v. Kirkland

17 Tex. Civ. App. 346 · Court of Appeals of Texas · Nov 6, 1897

Cravens by the County Court of Dallas County, and qualified as such September 28, 1880. 5. … And he also showed by said exhibit an established -indebtedness against said estate of $2885.56.

McDonald's Estate v. McDonald

150 S.W. 593 · Court of Appeals of Texas · Jun 29, 1912

We do not agree with appellant in either of the contentions made, and the case is clearly not within the article of the statute referred to. Tennison v. Palmer, 142 S. … The battle ground of this controversy was as to the mental capacity of the testator and this witness, who was his medical attendant for several days before his death, was apparently above all other witnesses best qualified

Freeman v. Commercial Union Assurance Company

317 S.W.2d 563 · Court of Appeals of Texas · Oct 7, 1958

The witness Marvin Self, in being qualified, testified to the effect that he was an insurance underwriter, had been in the insurance business for over 23 years, had been an insurance examiner for eight years and had had three … The objection to this evidence was that the Rules of the Commission were the best evidence and that the witness was not qualified to answer.

Leslie v. Griffin

23 S.W.2d 535 · Court of Appeals of Texas · Dec 20, 1929

here, it is a suit to prevent the counting by the secretary of state of illegal returns, to compel the county canvassing board to perform their legal ministerial duties required of them by the statutes, for the purpose of establishing … Article 3004 is clearly for the guidance of the election judges in allowing those entitled to vote to do so. The affidavits therein provided for are no part of the returns forwarded to the county judge.

Wichita Falls, R. F. W. Ry. v. Cooper

235 S.W. 927 · Court of Appeals of Texas · Oct 29, 1921

It was clearly hearsay and misleading. S. P. Ry. Co. v. Maddox, 75 Tex. 300 , 12 S. W. 815 ; Land Mortgage Co. v. Campbell, 98 Tex. 372 , 84 S. W. 424 . … Nor does the fact that isolated acres of the defendant in error’s land, sold for special purposes, constitute a proper basis for establishing the market value of the land taken by the railroad company.

William Buchanan Foundation v. Shepperd

283 S.W.2d 325 · Court of Appeals of Texas · Sep 8, 1955

Fuller are the duly elected, qualified and acting Trustees of The William Buchanan Foundation. “3. … Clearly there was ample competent testimony of probative force to support all phases of the judgment of the trial court. We also agree with all of the conclusions of law of the trial court.

McGee v. Franklin Publishing Co.

15 Tex. Civ. App. 216 · Court of Appeals of Texas · Jan 27, 1897

McGee, was and has been the duly elected and qualified and acting County Treasurer of McCulloch County, Texas; that on March 13, 1895, N. P. Fulcher, W. T. Cavin and E. E. … The statutes in question, which authorize the purchase of furniture, clearly indicate that it was furniture for the house or building that was intended, so as to make it habitable and comfortable, and not appurtenances and

Health Care Service Corp. v. East Texas Medical Center

495 S.W.3d 333 · Court of Appeals of Texas · Apr 29, 2016

At the temporary injunction hearing, ETMC did not qualify either witness as an expert. Hale’s and Dr. … Accordingly, their opinion testimony was limited to those opinions or inferences that were rationally based on their perceptions and were helpful to clearly understanding their testimony or determining a fact in issue.

McLennan County v. Umberson

358 S.W.2d 228 · Court of Appeals of Texas · Apr 26, 1962

Dietert, above, it might be argued, qualified or modified the holding in City of Fort Worth v. … The decision is clearly not applicable to this case.

Luxton v. State

941 S.W.2d 339 · Court of Appeals of Texas · Feb 6, 1997

Significantly, the language of Rule 705(b) clearly focuses on a party’s right to conduct an expert’s voir dire before the expert appears in court and testifies within the context of Rule 705(a): (a) Disclosure of Facts or … We find that the trial court did not abuse its discretion by admitting State’s Exhibit 1 after it was shown qualified under Rule 803(6).

In re E.H.

512 S.W.3d 580 · Court of Appeals of Texas · Jan 18, 2017

The court held that before admitting evidence that a child victim had been assaulted by another individual in order to explain his or her sexual knowledge, the defendant was required to “establish that the prior acts clearly … The right to confront witnesses includes the qualified right to cross-examine those witnesses. Id. (citing Davis v. Alaska, 415 U.S. 308, 315-16 , 94 S.Ct. 1105, 1110 , 39 L.Ed.2d 347 (1974), and Hammer v.

Presley v. Texas Farmers Insurance Co.

972 S.W.2d 164 · Court of Appeals of Texas · Jul 2, 1998

establishes her ordinary and routine practice of depositing settlement checks, postage prepaid, in a U.S. … Although the requirements found in Rule 166a(c) assist courts in determining whether an affidavit qualifies as competent summary judgment proof, the issue of whether that affidavit conclusively establishes the movant’s right

Blethen v. Bonner

30 Tex. Civ. App. 585 · Court of Appeals of Texas · Dec 6, 1902

trial from which this appeal has been taken appellees not only introduced in evidence the clause of the Constitution of the State of' Massachusetts set out in our former opinion in this case, but also by two competent, qualified … Blethen before his removal from that State and the time of its investment in this; and that, being clearly traced, said lands became affected with the like quality by virtue of the rule of decision in Texas.