Case law

Clement, David Lee Jr.

Court of Appeals of Texas · Jun 4, 2015

After establishing that Johnson stopped Appellant for speeding, the State passed the witness. 2 RR 16. … were based upon clearly stated Fourth Amendment Crim. App. 2007). The court's concern expressed grounds.

Payton v. Hurst Eye, Ear, Nose & Throat Hospital & Clinic

318 S.W.2d 726 · Court of Appeals of Texas · Oct 28, 1958

Hurst died December 7, 1957, leaving a written will which had been admitted to probate with Genevieve Hurst the duly qualified and acting Independent Executrix of said estate, with the said Genevieve Hurst owning a community … It clearly appears to us that the only claim Dr.

Harris, Roderick

Court of Appeals of Texas · Jun 1, 2015

Ingestion of lead can have many adverse health effects and can negatively affect several organ systems in the human body, including the gastrointestinal, immune, and reproductive systems, as well as the central nervous system … Inevitable Outcomes As Roderick neared adulthood, the trajectory of his life was all but established.

Kreis v. Kreis

36 S.W.2d 821 · Court of Appeals of Texas · Feb 4, 1931

Kreis, on the 10th of July, 1910, made application to the county court of Uvalde county to be appointed as administrator of said estate, and was so appointed and qualified and gave bond, with A. West and J. J. … However, be that as it may, the language of the will, not being ambiguous, and it clearly appearing that J. M.

Henyan v. Trevino

137 S.W. 458 · Court of Appeals of Texas · Apr 19, 1911

That he caused her will to be probated and qualified *Page 466 as independent executor thereunder and, as such executor, made himself a party to said suit. That thereafter T. W. … In considering them we shall state as clearly as may be the principles of equity which shall govern us in disposing of them and cite such authorities as are accessible in support of our rulings.

Chapman v. Guaranty State Bank

259 S.W. 972 · Court of Appeals of Texas · Jan 5, 1924

the facts of this case, in outline, are that it appears that during 1922 the Traders' State Bank of Cleburne, Tex., then duly incorporated under the laws of the state or Texas, became insolvent, and the then acting and qualified … App. 583 , 38 S.W. 626 , affirmed in 93 Tex. 664 , it is held that it is incumbent upon the party claiming the ratification of a fraudulent contract to establish clearly that such was the other party's intention after knowing

Perry, Ex Parte James Richard "Rick"

Court of Appeals of Texas · Oct 22, 2015

That opinion correctly applies well established First Amendment jurisprudence from these and other cases. … Second, the law must establish determinate, explicit guidelines to prevent arbitrary enforcement by the government. Long, 931 S.W.2d at 287 (citing Grayned, 408 U.S. at 108-09).

Henry, Terrance

Court of Appeals of Texas · Aug 7, 2015

As the party challenging the statute, the appellant has the burden of establishing its unconstitutionality. Rodriguez, 93 S.W.3d at 69. … It was clearly penal in nature as it was –15– designed to impose criminal punishment for capital felonies. See U.S. v. O’Brien, 391 U.S. 367, 383 n.30 (1968).

Hines v. Sparks

146 S.W. 289 · Court of Appeals of Texas · Feb 3, 1912

Sparks were named as the independent executors thereof, without bond, and they were duly appointed as such executors by the county court of Williamson county, and qualified as such and were thereafter made parties to this … We believe, under the well-established principles of law governing the creation of trusts, the agreement above referred to placed the equitable title to the entire 30 sections of land in the appellant.

Furr, Chris

Court of Appeals of Texas · Mar 2, 2015

App. 2014) - [a]n anonymous tip alone is seldom sufficient to establish reasonable suspicion. … See Wade, 422 S.W.3d at 670 (“[T]he totality of the suspicious circumstances that an officer relies on must be sufficiently distinguishable from that of innocent people under the same circumstances as to clearly, if not

Furr, Chris

Court of Appeals of Texas · Feb 26, 2015

App. 2014) - [a]n anonymous tip alone is seldom sufficient to establish reasonable suspicion. … See Wade, 422 S.W.3d at 670 (“[T]he totality of the suspicious circumstances that an officer relies on must be sufficiently distinguishable from that of innocent people under the same circumstances as to clearly, if not

Tara Menon v. Water Splash, Inc.

472 S.W.3d 28 · Court of Appeals of Texas · Jul 1, 2015

“Absent a clearly expressed legislative intention to the contrary,” a statute’s language “must ordinarily be regarded as conclusive.” Consumer Prod. Safety Comm’n v. … But, the drafters’ intent is well-established without the need for a presumption. As previously explained, there is no dispute among the signatories that Article 10(a) permits service by mail.

Super Starr International, LLC v. Fresh Tex Produce, LLC

531 S.W.3d 829 · Court of Appeals of Texas · Jul 20, 2017

Here, the context in which the statements were made establishes that the parties’ use of the term “partner” was colloquial, not legal. See id. … Therefore, we agree with appellants that section 15.1 clearly and unambiguously provides that the exclusivity provision expired after two years’ time, on December 31, 2015.

Martin v. State

176 S.W.3d 887 · Court of Appeals of Texas · Oct 13, 2005

Clearly S.D.’s testimony here, regarding the impact of her memories of the crime on her relationship with her fiancé some two years later, qualifies as victim-impact testimony. … (setting forth factors to be considered in establishing defendant’s bond); but see Meador v. State, 780 S.W.2d 836, 837 (Tex.App.-Houston [14th Dist.] 1989, no pet.)

In Re DW

249 S.W.3d 625 · Court of Appeals of Texas · Feb 19, 2008

As part of her service plan, Betty underwent an assessment at MHMR, but MHMR denied her any services because Betty functioned below the minimum level necessary to qualify for services. … L.REV. at 31-32 (collecting cases holding that any statute that moves so far into realm of judicial activity "as to dictate to a judge how he shall judge . . . clearly offends the constitutional scheme of the separation of

Skinner, Henry Watkins

Court of Appeals of Texas · Feb 18, 2015

Taylor, 529 U.S. 362, 405–06 (2000) (explaining that a preponderance of the evidence standard would be “opposed to our clearly established precedent ... … Busby herself, but the State cannot walk back the fact that their highly trained and qualified analyst, when asked in the laboratory to do a comparison under magnification of the three suspect hairs to the 70 known samples

Henry, Willie Iii

Court of Appeals of Texas · Sep 3, 2015

Art. 1§19- No citizen of this State shall be derived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the … LAINE: Your Honor, just as far as 3 this accusation, which is despicable, clearly he did 4 it.

Sullivan v. City of Galveston

17 S.W.2d 478 · Court of Appeals of Texas · Apr 10, 1928

Lee Kempner, having duly qualified as treasurer of the city under .his appointment above mentioned, received on August 1, 1925, from his predecessor in office, the funds of the city on deposit in its several depositaries; … It-is well settled that a special law passed by the Legislature is not repealed by an act subsequently passed by another Legislature unless the first is expressly repealed by the subsequent act, or unless it is made clearly

BP Oil Pipeline Company v. Plains Pipeline, L.P.

472 S.W.3d 296 · Court of Appeals of Texas · Jul 1, 2015

Moreover, the “accounts payable” term within the Expense Provision is further qualified by the phrase “for goods and services.” … BP did not clearly state that there was no evidence of an essential element of a claim or defense on' which Plains would have the burden of proof at trial.

Larrabee v. Porter

166 S.W. 395 · Court of Appeals of Texas · Mar 4, 1914

Larrabee, deceased, and qualified as such. On October 12, 1911, the above-named appellees filed another suit in the district court against appellant and the administrators of said estate, which contained four "counts. … If to that end they execute a joint instrument, clearly expressing their purpose, then, whether it be called a contract, compact, will, or conveyance, we think it should be treated as a relinquishment of dower right; or,