Case law

Jason Burrows v. State

492 S.W.3d 398 · Court of Appeals of Texas · Apr 14, 2016

She explained the statutory criteria—there are certain qualifying crimes, the applicant has to cooperate with law enforcement in investigation and prosecution of the crime, and the victim must have suffered a substantial … And he stresses that it clearly mattered to the jury, as it sent out a note during 18 deliberations stating, “We want a definition of reasonable doubt that is not influenced by

Wolff v. State

661 S.W.2d 130 · Court of Appeals of Texas · Mar 30, 1983

that give rise to the presumption, the issue of the existence of the presumed fact must be submitted to the jury, unless the court is satisfied that the evidence as a whole clearly precludes a finding beyond a reasonable … Given the common definition of “presume” as “to suppose to be true without proof,” Webster’s New Collegiate Dictionary 911 (1974), and given the lack of qualifying instructions as to the legal effect of the presumption,"

Montoya v. Nueces Vacuum Service, Inc.

471 S.W.2d 110 · Court of Appeals of Texas · Jul 29, 1971

Counsel for appellants, among other things also made the following statements: “Now, if we don’t introduce any evidence, we don’t get the $50,000 we asked for clearly. … Defendant’s attorney was surprised at such ruling but made no effort to withdraw or qualify the admission until a Motion for New Trial was filed. The Court of Civil Appeals reversed.

In re Estrada

492 S.W.3d 42 · Court of Appeals of Texas · Apr 5, 2016

or omitting obviously important and material facts in the petition; or (3) filing an appendix that is clearly misleading due to the omission of important and material evidence or documents. … In our 2003 opinion, we held1 thát the "motion for bill of review” in that case "cannot be considered as a bill of review” and “fails to qualify as a bill.of review.” See id.

Schintz v. Morris

13 Tex. Civ. App. 580 · Court of Appeals of Texas · May 6, 1896

Rep., 632 ), which the other members of this court regard as overruling or qualifying the doctrine announced in Ewing v. … Cohen, supra, but in the Terrell case he did not refer to nor attempt to overrule or qualify the Morris case. I think the Terrell case is distinguishable from this case.

Liptak v. Pensabene

736 S.W.2d 949 · Court of Appeals of Texas · Sep 11, 1987

However, the evidence already discussed clearly presents circumstances and establishes facts tending to prove that appellants had knowledge of the termite infestation before the date of the sale. … In the case before us, three qualified expert witnesses who had inspected the house pointed out in their testimony the damages done to the house by termites, and each gave his opinion as to what the repairs would cost.

Jones v. State

531 S.W.3d 309 · Court of Appeals of Texas · Sep 7, 2017

For a murder to qualify as capital.murder, the intent to rob must be formed before or concurrently with the murder. Id. A jury may infer the intent to rob from the appellant’s actions or conduct. Id. … The Court of Criminal Appeals has suggested that three or more strikes against a cognizable racial group may be minimally sufficient to establish a prima facie case. Id. at 877 .

Emmco Insurance Company v. Burrows

419 S.W.2d 665 · Court of Appeals of Texas · Oct 5, 1967

It is now established that in a case brought upon a policy of insurance, in which the pleadings identify the policy and in which the policy is admitted into evidence without objection, the case is tried on the issues raised … is well settled that the qualification of a witness to testify on the question of value is primarily to be determined by the trial court, and the ruling of the trial judge will not be disturbed on appeal unless it is so clearly

Mortenson v. Trammell

604 S.W.2d 269 · Court of Appeals of Texas · Jun 30, 1980

The well-established presumptions inherent in appellate review of no evidence and insufficiency of evidence points of error will be applied. Garcia v. … This requirement for tracing to the origin not only necessitates a showing of how one spouse obtained the property but also requires evidence which clearly establishes the origin of the asset.

Humble Oil & Refining Co. v. Robertson

48 S.W.2d 713 · Court of Appeals of Texas · Mar 19, 1932

Rawles, a witness for appellant, and a qualified surveyor in its employ, testified to running this survey about a year previous to the trial of this case, and again about six months previous thereto. … It was our view, as expressed in our original opinion, that the true location of the southwest corner rested on disputed evidence, and that such location was clearly a jury issue.

Foster v. Laredo Newspapers, Inc.

530 S.W.2d 611 · Court of Appeals of Texas · Nov 12, 1975

Salinas is the duly elected, qualified, and acting judge for such court, and the record is silent as to any disability or disqualification on his part; and there is no indication that there is an overcrowded docket. … In our opinion, Foster clearly falls within the most restrictive definition of a “public official” or a “public figure,” and we hold that he was both a public official and a public figure as those terms are defined by the

Wright v. Matthews

144 S.W.2d 367 · Court of Appeals of Texas · Oct 9, 1940

Christian, Assistant County Health Officer of Bexar County, testified to facts showing himself to be well qualified as an expert to give an opinion as to the sanity or' insanity of a person. He examined Genoa C. … Where an attack is made upon the answer of a jury, such as is here presented, the well-established rule is that the court is required, “to look most favorably upon the testimony tending to support the jury’s findings, and

Montgomery Ward & Co. v. Peaster

178 S.W.2d 302 · Court of Appeals of Texas · Jan 7, 1944

If it be assumed that the question and answer show a defamation for which Willmark Service System, Inc., would be liable, it is not clearly apparent that the same would be true of Montgomery Ward Company or E. F. … We doubt if it is a matter of common knowledge that business establishments generally have the system of registering sales such as the evidence shows was employed in this case.

Schimmel v. McGregor

438 S.W.3d 847 · Court of Appeals of Texas · Jul 10, 2014

The court held that Pena failed to establish the applicability of the exemption. Id. … -Fort Worth 1975, no writ) (“When a [party] is clearly entitled to attorney’s fees in some amount but where there had been no proof in the trial court of the amount there may be severance of that issue with remand to the

Winzer, Henry Andre

Court of Appeals of Texas · Nov 5, 2015

The State further contends that the record before the Court fails to establish that the trial court’s ruling was clearly erroneous. … Cox (21) then asked whether pain from a firm handshake would qualify as bodily injury in that definition. (RR3: 50-51).

Wilkins v. Briggs

48 Tex. Civ. App. 596 · Court of Appeals of Texas · Jan 23, 1908

Appellant is the duly appointed, qualified and acting administrator of the estate of Spencer Briggs, deceased, having been appointed by the County Court of Fannin County on the - day of April, 1905, and qualified as such … This, we think, is clearly contrary to the intention of the Legislature.

Wilson v. Avery Co. of Texas

182 S.W. 884 · Court of Appeals of Texas · Jan 19, 1916

'This was clearly error. … This issue was presented by appellant, by his testimony, in order to establish his case. His expert assailed the mechanical principles used in the construction of the engine.

Orellana v. State

489 S.W.3d 537 · Court of Appeals of Texas · Mar 10, 2016

These multiple sources of unimpeached evidence established a strong case for appellant’s guilt. … The photos showed several tattoos on appellant’s abdomen, fingers, and forearm that clearly state “MS 13.” Another tattoo on appellant’s leg depicts the MS-13 hand sign.

Amis v. State

910 S.W.2d 511 · Court of Appeals of Texas · Feb 28, 1995

Clearly, the prosecutor’s statement was a reference to this statutory duty and does not constitute error. … This testimony clearly related the content, time frames, and tenor of the phone conversations.

Langdeau v. Great American Insurance Company

369 S.W.2d 944 · Court of Appeals of Texas · Jul 17, 1963

Langdeau was appointed receiver and statutory liquidator and he qualified and is acting herein as such. … Huffman is made a party or legal excuse for not doing so is established. Reversed and remanded with instructions.