Case law

Almaguer, Arturo Sanchez

Court of Appeals of Texas · Aug 27, 2015

Appellant's DNA establishes that he was there shortly before the first police officer arrived because the fecal matter was still fresh. … However, a juror may testify under two exceptions: (1) as to whether any outside influence was improperly brought to bear on any juror; or (2) to rebut a claim that the juror was not qualified to serve.

Thomas, Kenneth Dewayne

Court of Appeals of Texas · Jun 22, 2015

FIGURES IN VIOLATION OF THE DOCTRINE ESTABLISHED IN BATSON V. … OF 70 OR BELOW TO ESTABLISH INTELLECTUAL DISABILITY xxxiii APPELLANT’S ISSUE NO. 33 THE TRIAL COURT ERRED IN DENYING APPELLANT’S COUNSEL’S REQUEST TO REQUESTION THE JURY THAT HAD BEEN ALREADY QUALIFIED

Robbins, Neal Hampton

Court of Appeals of Texas · May 28, 2015

She became aware of the review and analysis of this case by other, more qualified and experienced medical examiners, who concluded that the proper cause and manner of death was undetermined. … In just the last few days, the Texas Legislature enacted H.B. 48, which establishes the Tim Cole Exoneration Commission to study the causes of wrongful convictions.

Moore, Aaron Jacob

Court of Appeals of Texas · Dec 29, 2014

But, a prosecutor is not entitled to absolute immunity when he or she “performs the investigative functions normally performed by a detective or police officer.” Buckley v. … Thus, the difficulty in allocating scarce prosecutorial resources (as opposed to clearly intentional or negligent conduct) [is] a valid justification for delay. . . .” People v.

Cohen v. Hill

286 S.W. 661 · Court of Appeals of Texas · May 8, 1926

The witness showed himself fully qualified to give an opinion as to how long the physical disability would continue, and he gave no opinion at all as to how long the nervous condition would continue, saying that that would … •conclusion to require such is a further answer to other assignments addressed to the admission of testimony to establish those items of damages.

St. Louis Union Trust Co. v. Harbaugh

205 S.W. 496 · Court of Appeals of Texas · Apr 10, 1918

We find no assignment briefed raising this question, though appellants do, under a counter proposition attacking the finding of the verdict on the issue of limitations, attack the sufficiency of the evidence to establish … The appellant requested the court to' qualify the admission of the two decrees referred to above by limiting of the consideration to the purpose for which they were admitted in evidence.

Mitchell v. Burleson

466 S.W.2d 646 · Court of Appeals of Texas · Mar 25, 1971

But should the petition be in the statutory form, as in the present case, he will be permitted to adduce any competent parol evidence in order to establish his title, although the fact proposed to be established by such evidence … He will not be permitted to claim the protection of the statute of limitations unless it clearly appears that he has repudiated the title of his cotenant and is holding adversely to it.’ Phillipson v.

Kadane v. Clark

134 S.W.2d 448 · Court of Appeals of Texas · Sep 29, 1939

There is a stipulation in the testimony adduced, to the effect that plaintiff had not qualified as a dealer in securities and procured a license under the provisions of The Securities Act. … The words "list" and "listed", in many respects have simple meanings well understood, but when they are used to embody the elements of a contract, clearly they have a legal meaning; that meaning must be understood by the

Barton v. Pochyla

243 S.W. 785 · Court of Appeals of Texas · Jun 7, 1922

This was correct, as will he shown in a subsequent part of this opinion, Applying these well-established principles to the instant case, how stands it upon the record? … This, without the use of some qualifying word, is the legal meaning of the term. Abbott’s Dictionary; Bouvier, Dictionary; Webster; Pearre v. Hawkins, 62 Tex. 437 .” 8 Words and Phrases, 7064.

J. R. Phillips Inv. Co. v. Road Dist. No. 18 of Limestone County

172 S.W.2d 707 · Court of Appeals of Texas · Apr 29, 1943

Geren, the duly elected, qualified and acting County Attorney of Limestone County, Texas, and by and through W. S. Heatley, R. L. Curlee, W. R. Ramsey, and E. H. … raised by taxes levied and assessed against the property of said District for the sole purpose of paying the interest on its bonded debt and creating a sinking fund for the purpose of redeeming said bonds at maturity, was clearly

Consolidated Casualty Insurance Co. v. Baker

297 S.W.2d 706 · Court of Appeals of Texas · Dec 20, 1956

appellant’s contention here that the work record of appellee, after he sustained his injury in November, 1952, is such that the verdict of the jury is so contrary to the overwhelming weight of all the evidence as to be clearly … It is true that evidence was tendered to the effect that he had a 25% disability, and another doctor said that he had a 20% disability, but opinion testimony does not establish any material fact as a matter of law.

Simpson v. Tennant

871 S.W.2d 301 · Court of Appeals of Texas · Feb 24, 1994

The Simpsons must establish that the trial court could reasonably have reached but one conclusion. Id. … First, the Texas privilege is broader than in some jurisdictions in that a communication need not be strictly “penitential” to qualify for protection. Easley v.

Morrell v. Finke

184 S.W.3d 257 · Court of Appeals of Texas · Dec 15, 2005

Ater was not qualified to testify concerning the standard of care for an obstetrician. The trial court overruled the objection. … Rice, clearly supports the sentence in our opinion that the dissent claims to be an incorrect characterization of Dr. Rice’s testimony: "But Dr.

Tom Benson Chevrolet, Inc. v. Alvarado

636 S.W.2d 815 · Court of Appeals of Texas · Jun 30, 1982

It is well settled that the owner of property can testify as to his opinion of value of that property even though he could not be qualified to testify as an expert as to the value of the property owned by another person. … It is well settled that “where damages are established as of a definite time and the amount thereof definitely determinable, interest is recoverable as a matter of right from the date of the injury or loss.”

Peck v. Murphy & Bolanz

184 S.W. 542 · Court of Appeals of Texas · Mar 4, 1916

.; that he duly qualified as such sheriff by taking the oath of office and executing bond as required by law in the sum of $10,-000, with the said John H. Gaston, John A. Crowdus, and C. I-I. … exceptions to the special answer of appellees, it is sufficient to say that, such action on the part of the court was largely discretionary, and affords no sufficient ground for a reversal Of the case, unless it is made clearly

Burkhardt v. Lieberman

142 S.W.2d 283 · Court of Appeals of Texas · May 30, 1940

It was established at the trial that 71.6 acres formed a part of appellants’ homestead at the time, January 28, 1932, Otto Burkhardt executed a deed of trust thereon to secure the First National Bank of Houston in the payment … It was clearly Burkhardt’s duty, when he knew that Lieberman relied on the apparent power of sale with which he had vested the trustee, and in such reliance would buy the property at the trustee’s sale, to have prevented

Katy Springs & Manufacturing, Inc. v. Favalora

476 S.W.3d 579 · Court of Appeals of Texas · Aug 27, 2015

Duty & Breach In order to establish negligence, the plaintiff must produce evidence to establish the existence of a duty and a breach of that duty. Lee Lewis Constr., Inc. v. Harrison, 70 S.W.3d 778, 782 (Tex.2001). … To establish proximate cause, the plaintiff must prove foreseeability and cause in fact. Id.

Stephen Henry Hopper v. State

495 S.W.3d 468 · Court of Appeals of Texas · May 10, 2016

Appellant acquiesced in that delay, however, and he did not establish that he was actually prejudiced by the delay. … If appellant had asserted a defense about identity, the rape kit clearly would have been material, at least to the extent that it contained DNA evidence.

Robertson, Anthony Boyd

Court of Appeals of Texas · Oct 9, 2015

State, 155 S.W.2d 184 (Tex.Cr.App. 2005), the Court again addressed an excited utterance, this time in the content of whether a statement made by a complainant soon after awaking from surgery for his injuries qualified … Because of the tension between these two factors, we cannot conclude that the trial court’s decision was so clearly wrong as to lie outside the zone of reasonable disagreement. Id.

Kuemmel v. Vradenburg

239 S.W.2d 869 · Court of Appeals of Texas · May 23, 1951

Four other qualified witnesses testified that the purpose of the barrier was to deflect the car so it would not come through the fence into the spectators. … Such issues are clearly distinguishable in nature from the affirmative defense of contributory negligence. This is apparent from the authorities above cited. As to contributory negligence, see Koons v. Rook, Tex.Com.