Case law

Lewis, Gordon Ray

Court of Appeals of Texas · Mar 20, 2015

But the testimony does not establish whether these cases involved testing where the tool-making item (the magazine) was unavailable. … So another qualified examiner looks at all of my microscopic comparisons, and they must reach the same conclusion that I do. Jeffress said that his conclusions in this case were verified. C.

Cherokee Water Co. v. Forderhause

727 S.W.2d 605 · Court of Appeals of Texas · Feb 10, 1987

The testimony is clearly offered to prove that Sharp's intentions were, in fact, what the witnesses say he said they were and is thus hearsay. … The court there, under circumstances more favorable to the establishment of an agency relationship than those in this case, concluded that the agency was not established by any express agreement and if it existed at all,

Walker, Wilbert

Court of Appeals of Texas · Jul 10, 2015

to rebut the presumption of a prospective juror's impartiality would be to establish an impossible standard.") … A trial court's finding of voluntary consent is reviewed for abuse of discretion, and must be accepted on appeal unless it is clearly erroneous. Meekins, 340 S.W.3d at 460.

Halsell v. Texas Water Commission

380 S.W.2d 1 · Court of Appeals of Texas · May 27, 1964

provides: “Rule 215.9 SURPLUS WATER RETURN POINT: All applications shall describe the point at which surplus water will be returned to the stream with reference to a corner of an original land survey; this must also be clearly … Robert Gooch, a registered professional and highly qualified engineer testified for appellants.

Jennifer Banner Wolfe v. State

459 S.W.3d 201 · Court of Appeals of Texas · Feb 26, 2015

Reliability of Expert Testimony Rule of evidence 702 provides, “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified … The proponent of scientific evidence is not typically called upon to establish its empirical reliability as a predicate to admission until the opponent of that evidence raises an objection under rule 702. State v.

Dotson, Daryl

Court of Appeals of Texas · Jul 31, 2015

This is for the obvious reason that a witness in 12 that circumstance may give testimony “under a promise or expectation of immunity, or under the coercive effect of his detention by … Analysis Dotson contends that the attorney-client privilege "was clearly violated by the production assistant's 'monitoring' of the audio from the microphone at defense counsel's table."

Riggins v. City of Waco

40 Tex. Civ. App. 569 · Court of Appeals of Texas · Nov 15, 1905

Riggins, was duly and legally elected mayor of the defendant, the city of Waco, on the 1st day of April, 1902, and that he duly and legally qualified as such mayor and was inaugurated into office on the 10th day of April, … The citizens of the city of Waco have clearly expressed their desire for municipal ownership of the water and light plants, and the resolution undertakes to direct the commission to obtain information as a basis for a hew

Public Utility Com'n of Texas v. Gte-Sw

833 S.W.2d 153 · Court of Appeals of Texas · Aug 26, 1992

PURA §§ 42 and 43 provide expressly and clearly that rates shall be effective after they are found to be just and reasonable by the Commission, in an order served upon the utility, as discussed above at length. … It is a familiar rule of statutory construction, of course, that a specific provision governs and qualifies a general provision. Ayre v. Brown & Root, 678 S.W.2d 564, 566 (Tex.App.1984, writ ref’d n.r.e.).

James v. Consolidated Steel Corp.

195 S.W.2d 955 · Court of Appeals of Texas · Jun 19, 1946

Appellee’s statement of the facts which it claimed brought it under these provisions of the statute which made it *963 liable for taxes under the Act as if the two corporations constituted but a single employing unit, was clearly … Having pleaded estoppel as a defense, the burden to establish it rested upon the Commission. This burden it failed to discharge.

Davis, Franklin

Court of Appeals of Texas · Aug 4, 2015

The parties selected the group of qualified jurors from a March 22, 2013 special venire. (RR5). … In conducting a review, circumstantial evidence is as probative as direct evidence in establishing guilt; circumstantial evidence alone can be sufficient to establish guilt. Clayton v.

Texas & N. O. R. Co. v. Stephens

198 S.W. 396 · Court of Appeals of Texas · Oct 27, 1917

It is therefore clearly an exception to the rule excluding hearsay evidence. Various reasons have been advanced for making the exception. … in favor of plaintiff below, and testified that about six months before the trial he had examined plaintiff for the purpose of ascertaining the nature and extent of his injuries, not for treatment, but only in order to qualify

J.M. Arpad Lamell v. OneWest Bank, FSB, a Foreign Corporation

485 S.W.3d 53 · Court of Appeals of Texas · Nov 17, 2015

To state a no- evidence ground the movant must assert clearly that there is no evidence of one or more essential elements of a claim or defense on which the adverse party would have the burden of proof at trial. … The summary-judgment evidence shows that OneWest directly engaged in collecting a debt and therefore qualifies as a debt collector under the plain language of the Texas Fair Debt Collection Practices Act.

Foreman v. State

561 S.W.3d 218 · Court of Appeals of Texas · Aug 10, 2017

In Davis , 202 S.W.3d at 155 -57 , the Court held that a magistrate could reasonably infer an officer was qualified to recognize the odor of methamphetamine, even though the affidavit was silent as to the officer's skills … See Cassias , 719 S.W.2d at 590 ("It is one thing to draw reasonable inferences from information clearly set forth within the four corners of an affidavit," but a reviewing court may not "read material information into an

Robinson v. State

310 S.W.3d 574 · Court of Appeals of Texas · Apr 1, 2010

And that right includes the qualified right to cross-examine those witnesses. See Davis v. Alaska, 415 U.S. 308, 315-16 , 94 S.Ct. 1105, 1110 , 39 L.Ed.2d 347 (1974); Hammer v. … It cannot be said that Appellant did not clearly voice his complaint or that anyone — the trial court, the State, or this court — was and is not fully aware of Appellant’s complaint.

BP Automotive, L.P. v. RML Waxahachie Dodge, L.L.C.

448 S.W.3d 562 · Court of Appeals of Texas · Sep 18, 2014

However, Chrysler was not yet qualified to do business in Texas and, as a result, any franchise awarded could not be licensed in Texas. … BPRE again appealed to the federal district court, which, after applying the “clearly erroneous” standard of review to the bankruptcy court’s fact findings and de novo review to its conclusions of law and mixed questions

Farlow v. Harris Methodist Fort Worth Hospital

284 S.W.3d 903 · Court of Appeals of Texas · May 7, 2009

According to Harris, “[t]he evidence establishes that Dr. … On cross-examination, Harris questioned Emily about one of the advertisements, which clearly says in big print, “I am an individual on the hospital’s nursing team.”

Lyons, Christina

Court of Appeals of Texas · Jul 7, 2015

whom the statement was made; and (6) the existence of independent corroborating facts.72 On this record, the district court would not have abused its discretion in finding that the statements did not qualify … for the hearsay exception because there were not sufficient corroborating circumstances that clearly indicated their trustworthiness.

Strong v. Sunray DX Oil Company

448 S.W.2d 728 · Court of Appeals of Texas · Dec 4, 1969

Appellant says that the lower Fernet line (and the upper Vairin line) is clearly and indisputably located. … My map clearly shows the construction of the Junior Surveys and as only minor discrepancies were found I will not go into detail.

Roberts v. State

672 S.W.2d 570 · Court of Appeals of Texas · May 10, 1984

, the accused’s statement 'under Section 2 or Section 3(a) of this article is not admissible against the accused unless the warning in Section 2 of this article is interpreted to the deaf person by an interpreter who is qualified … Clearly it would be improper to instruct the jury that they may convict of murder, that is presume the guilt of a defendant, who was found over the still warm body of the deceased with the smoking gun in defendant’s hand,

Cussen v. Lynch

245 S.W. 932 · Court of Appeals of Texas · Jul 1, 1922

this book that we make the quotations which follow-We should also say in this conriection that the record contains a vast number of these canons and commentaries thereon of persons recognized by the church authorities as qualified … Y. 552 , the New York court takes a middle position, and holds that if the decision- of the ecclesiastical tri *940 bunal as to its own jurisdiction is not final “yet * * * in all eases of doubt, when there is not clearly