Case law

Phillips, Sherron Dondriel

Court of Appeals of Texas · Mar 13, 2015

First, an act is ministerial only “if it constitutes a duty clearly fixed and required by law.” Flack, 728 S.W.2d at 789 (quoting State ex rel. Curry v. Gray, 726 S.W.2d 125, 128 (Tex. Crim. … The only action by the Board which might qualify as “ministerial” under § 508.1411 is the act of providing an inmate with a written reason for denying parole. But this already happened.

Pitts & Collard, L.L.P. v. Schechter

369 S.W.3d 301 · Court of Appeals of Texas · Dec 29, 2011

We apply a three-part test to determine whether Schechter qualified as a limited-purpose public figure: (1) the controversy at issue must be public both in the sense that people are discussing it and people other than the … “Once injury to reputation is established, a person defamed may recover general damages without proof of other injury.” Leyendecker, 683 S.W.2d at 374 .

American Homeowner Preservation Fund, LP v. Pirkle

475 S.W.3d 507 · Court of Appeals of Texas · Sep 3, 2015

Thus, the well-established public policies in favor of. … The taxing authorities responded that American had no standing to assert the claims,' that the claims were time-barred, and that the taxing authorities were immune from suit.

Estes v. State

487 S.W.3d 737 · Court of Appeals of Texas · Mar 24, 2016

But to show the relevancy of a child victim’s prior sexual conduct “as an alternate source of sexual knowledge, the defendant must establish that the prior acts clearly occurred and that the acts so closely resembled those … record supports a finding that [Katie’s] statements about what [a]ppellant did to her aided Hynson in any material way in her diagnosis or treatment of [Katie],” and (4) “nothing was wrong with [Katie] that Nurse Hynson was qualified

Kerbow v. Wooldridge

184 S.W. 746 · Court of Appeals of Texas · Feb 23, 1916

Kennedy, Clark Cook, and William Mace were the duly qualified trustees of common school district No. 2, Donley county, Tex.; that said trustees were desirous of erecting a public school building within said district; that … They recovered in the lower court, but upon appeal Judge Fly reversed and rendered the judgment, saying: "It was clearly the intent of the Legislature to require as an essential the approval of the chief officer of the county

Hill, Albert G.

Court of Appeals of Texas · Sep 9, 2015

They establish only that courts conducted hearings in other cases. … For example, evidence of a prima facie case is required “to qualify for an evidentiary hearing” on a double jeopardy claim. United States v.

City of San Antonio v. Routledge

46 Tex. Civ. App. 196 · Court of Appeals of Texas · Apr 24, 1907

That since June 1, 1905, Bryan Callaghan has *201 been the duly elected, qualified and acting mayor of said city, but denied that he has any power or authority to levy or collect taxes, either general or special, that duty … Clearly, if a city fails to provide for the payment of judgments in the levying of taxes next after the final recovery of such judgments it is not ever afterwards absolved from levying taxes for their payment, but can be

Davis, Franklin

Court of Appeals of Texas · Feb 27, 2015

Mitchell was a qualified juror who supported the death penalty. … In this case the trial court unreasonably failed to apply clearly established law to the facts by failing to examine not just the validity of the reason but the credibility of the prosecutor. See Hayes v.

Martin, Peter James

Court of Appeals of Texas · Dec 31, 2014

side-view"); Brown,519 F3d @ 237-38(strikingly similar circumstances of state crime lab tech's false testi mony, suppression of evidence & civil rights conspiracy loss in qualified immun ity setting). … sufficient to produce the result and the conduct of the actor clearly insuffic ient ."

Guy, Lester Ray

Court of Appeals of Texas · Feb 19, 2015

establishing appellant's guilt, was invalid because it used only seven loci to establish the sperm DNA profile … Furthermore, appellant has not established that he reason.

Robert Michael Arteaga, Jr. v. State

511 S.W.3d 675 · Court of Appeals of Texas · Oct 22, 2015

The failure to preserve jury-charge error is not a bar to appellate review but rather establishes the degree of harm necessary to the reversal. Warner, 245 S.W.3d at 461 . … HB 3006 was created with a focus on bigamy, but in the bill analysis, the author clearly distinguishes between the first provision on 22.011(f) and the second and third provisions of 22.011(f). See Tex.

Concierge Nursing Centers, Inc. v. Antex Roofing, Inc.

433 S.W.3d 37 · Court of Appeals of Texas · May 9, 2013

The subcontractors were entitled to traditional summary judgment on Concierge’s claims against them if they conclusively negated at least one essential element of the claims or conclusively established each element of an … On the contrary, this delineation indicates that Antex concluded the word “property” in paragraph 6.1 did not clearly utilize the narrow definition found in paragraph 6.2 without that modification.

Crownhill Homes, Inc. v. City of San Antonio

433 S.W.2d 448 · Court of Appeals of Texas · Aug 8, 1968

The trial court found that the foregoing regulations established clearly defined standards which apprised the appellants of their rights, duties and obligations thereunder. … The Regulations establish clearly defined standards which apprise Plaintiff of its rights, duties and obligations thereunder. 25.

Fernandez v. State

306 S.W.3d 354 · Court of Appeals of Texas · Feb 11, 2010

A defendant satisfies this burden by establishing that a search or seizure occurred without a warrant. … Clearly, it was up to the trial court to decide which officer to believe.

Ambrose, Cynthia

Court of Appeals of Texas · Aug 25, 2015

Ramirez’s testimony would constitute a judicial admission to the criminal offense of failing to timely report child abuse 3, the State extended her immunity from prosecution in exchange for her truthful testimony. (3 RR … This Court has “long held that corroborative evidence need not be legally sufficient in itself to establish a defendant’s guilt.” Casanova, at 538.

Howell v. Mauzy

899 S.W.2d 690 · Court of Appeals of Texas · Sep 14, 1994

Howell argues that because the proceeds of the loan were undisput-edly expended for campaign purposes, an interest payment on the loan qualifies as a reportable “expenditure” under section 251.011(k). 29 The Mauzys rejoin … responsible for giving a true and fair interpretation of the enactment as written, and not an interpretation that is exaggerated, forced, or strained, but one that the ordinary meaning of the words will fairly sanction and clearly

Nath v. Texas Children's Hospital

375 S.W.3d 403 · Court of Appeals of Texas · Jun 26, 2012

Nath’s defamation claims clearly fall outside of *431 the one-year period. … Nath’s defamation claims clearly fail outside of the one-year period.

Davis, Leon

Court of Appeals of Texas · Jan 29, 2015

They qualify for exclusion. 22 THE COURT: They are excluded from the 23 Rule. So, Ms. … And is that answer unequivocal, clearly -- I 21 mean, how would you quantify it? 22 A.

McCardell v. Lea

200 S.W. 562 · Court of Appeals of Texas · Dec 6, 1917

showed that this tract of land (lot No. 6), called in said report of sale to be 684% acres, was on the west side of the Trinity river, and further clearly showed that the only land on the east side of the Trinity river bought … overruled. [4] By the tenth assignment the action of the lower court is called in question as being error in rendering judgment for the defendant upon the unsupported testimony of the wholly interested defendant, thereby establishing

in Re the State of Texas Ex Rel. Abelino Reyna, Relator v. Court of Appeals for the Tenth District

Court of Appeals of Texas · Sep 14, 2015

(“Who is better qualified in criminal law than somebody who practices it all the time?”). 10 For example, Mr. … In addition, he openly mocked the use of the term “club” in his questions, clearly suggesting to the jury that the term was a total misnomer for the group.