Case law

Walker v. State

7 Tex. Ct. App. 245 · Court of Appeals of Texas · Jul 1, 1879

We are of opinion that the question here raised, if necessary to be settled on precedent authority, must be investigated in the light of elementary principles, and adjudicated upon well-established and fundamental rules of … These rules are elementary, but it is equally well settled that words absolute of themselves, and language the most broad and cotn.prehensive, may be qualified and restricted by reference to other parts of the same statute

Ross Allen Hartwell v. State

476 S.W.3d 523 · Court of Appeals of Texas · Jul 2, 2015

To unambiguously request counsel, the accused “must articulate his desire to have counsel present sufficiently clearly that a reasonable police officer in the circumstances would understand the statement to be a request … Specifically, Hartwell contends that his prior conviction for the unauthorized use of a motor vehicle does not qualify for enhancement pursuant to section 12.42(d) of the Texas Penal Code. See TEX. PENAL CODE.

Texarkana & Fort Smith Railway Co. v. Brandon

59 Tex. Civ. App. 451 · Court of Appeals of Texas · Mar 3, 1910

Labatt, “must always start from the hypothesis that these risks are prima facie unknown to the servant, and the fact of his knowledge must be established by positive proof.” 1 Labatt om Master and Servant,'see. 460. … The service clearly being one outside the scope of appellee’s duties, the court need not have submitted the case to the jury on the theory that they might believe the service to have been one he had contracted to perform.

Gunn v. McCoy

489 S.W.3d 75 · Court of Appeals of Texas · Mar 24, 2016

Section 18.001 affidavits do not, however, establish the requisite causal link between the occurrence and the plaintiffs medical expenses. … Assuming that application of the Restatement factors is appropriate here, the factors do not clearly fall in favor of providing the instruction.

Gustavo Andres Vasquez v. State

501 S.W.3d 691 · Court of Appeals of Texas · Aug 25, 2016

First, the witness must establish personal knowledge of the events from which his opinion is drawn. See Davis v. State, 313 S.W.3d 317, 349 (Tex. Crim. App. 2010). … He references parts of the video in which he claims that he “is clearly disoriented, confused, and does not know what day or time it is.”

Cope v. Henderson

460 S.W.2d 183 · Court of Appeals of Texas · Jul 28, 1970

In a general sense, a large town; a large number of houses and inhabitants, established in one place. 2. … The collective body of citizens, or the inhabitants of a city; as, the city voted to establish a market.” (Emphasis added).

French v. Brodsky

521 S.W.2d 670 · Court of Appeals of Texas · Mar 6, 1975

Ross, as a witness for the plaintiff, tended to establish his qualifications as a specialist in orthopedic surgery practicing in Austin, Texas. … In our opinion the term “surgically explored” did not require legal definition and under the evidence we believe the term must have been clearly understood by the jury.

In re A.M.

577 S.W.3d 653 · Court of Appeals of Texas · May 21, 2019

Probable cause was established in mid-October 2011. … Not only was there no "reason" identified in the State's evidence, the State also failed to establish through its evidence that any reason would qualify as "beyond the control of the State." TEX. FAM.

Love, Albert Leslie, Jr

Court of Appeals of Texas · Mar 3, 2015

The initial burden of establishing a prima facie case is not onerous. Id. at 584. … He was clearly still under the excitement of the startling event. Based on these factors, the trial court could conclude that the statement qualified as an excited utterance. See, Zuliani v.

State v. Houston Oil Co. of Texas

194 S.W. 422 · Court of Appeals of Texas · Feb 21, 1917

Smedley, have filed an elaborate brief which presents their side of the case as clearly and forcibly as could well be done. … Kirby at the time he applied to buy the lands was not the owner of the timber on any of the lands, and was therefore not a qualified purchaser, and, though he had theretofore owned the timber on some of said lands, he had

Carmichael v. State

505 S.W.3d 95 · Court of Appeals of Texas · Oct 19, 2016

The complaining party must let the trial court know what he wants and why he thinks he is entitled to it, and he must do so clearly enough for the trial court to understand and at a time when the trial court is in a position … When the State called Perusquia to testify, the State established Perusquia as' the custodian of the records pertaining to AC’s emergency room visit and subsequent exam, which was performed by Perusquia.

Hanscom v. State Ex Rel. Lockhart

10 Tex. Civ. App. 638 · Court of Appeals of Texas · Jun 6, 1895

Until it has done so, the court should follow the rules of construction heretofore established, with knowledge of which these laws were passed. The ballot not bearing the official stamp was correctly rejected. … Before the ballot as found in the box can be rejected on the ground of fraud, the proof must clearly show that fraud has been perpetrated.

Railroad Commission of Texas v. Arco Oil & Gas Co.

876 S.W.2d 473 · Court of Appeals of Texas · Jun 22, 1994

Although “a landowner is entitled to an opportunity to produce his fair share of oil from a common reservoir, this rule is qualified by both the rule of capture and the Commission’s authority to prevent waste.” … An evidentiary, trial-type hearing is clearly one way to investigate facts. 9 .

Kirby v. Edgewood Independent School District

761 S.W.2d 859 · Court of Appeals of Texas · Dec 14, 1988

Such scrutiny requires the state to establish a compelling interest in its enactment. … Clearly, it is within the discretion of the legislature, in the exercise of its constitutional duty, to determine what is a "suitable" provision for an "efficient" school system; but it can hardly be argued that a "patched-up

Jay Cohen v. Tour Partners, LTD., Dennis J. Wilkerson, and Eighteen Investments, Inc.

528 S.W.3d 136 · Court of Appeals of Texas · Apr 27, 2017

Therefore, Cohen cannot qualify as a creditor of PRC. The 2010 Deed from PRC to Tour Partners was recorded on February 4, 2010. … His fraudulent transfer claim against Tour Partners is clearly time barred. Cohen argues, however, that the 2010 Deed “could not be a TUFTA transfer applicable here because Mr.

Wells v. Houston

23 Tex. Civ. App. 629 · Court of Appeals of Texas · May 2, 1900

The testator’s wife elected to take under the will, and the executor qualified as such, and took charge of, administered, and managed the estate in compliance with the provisions of the will. … This is the effect of the allegations upon which it is sought to establish the fiduciary relation between the parties.

Hill v. State

5 Tex. Ct. App. 2 · Court of Appeals of Texas · Jul 1, 1878

And when an unlawful act is clearly shown to have been done, it is for the defendant to show facts which mitigate, excuse, or justify it, so that a reasonable doubt, at least, may arise on the entire evidence in the case … The most serious objection on this point, we think, arises on the following subdivision of the charge: “ But if you have a fair and reasonable doubt whether the facts in evidence establish the guilt of defendant of murder

Berry v. Hindman

61 Tex. Civ. App. 291 · Court of Appeals of Texas · May 26, 1910

This will was probated in Marion County, Texas, -and Berry qualified as executor by taking the required oath. … In this controversy, the District Court clearly undertook to adjudicate a matter exclusively within the jurisdiction of the County Court of Marion County.

Torres, Angel

Court of Appeals of Texas · Jul 27, 2015

Iam duly qualified and authorized in all respects to make this declaration. … clearly enough for the judge to understand him at a time when the judge is in the proper position to do something about it'"); O'Neal v. State, No. 05-06-01358-CR, 2008 WL 192334, at *2 (Tex. App.

Automobile Underwriters of America v. Radford

293 S.W. 869 · Court of Appeals of Texas · Feb 24, 1927

Wherefore, we hold that special issues Nos. 1 and 2, as submitted, were within the meaning of the terms and conditions of the policy, and that appellant's defense was affirmatively, clearly, and fully submitted. … Appellant challenges the rulings of the court in permitting certain witnesses to testify as to value on the ground that they had not duly qualified.