Case law

Bennett, Dalton James Jr.

Court of Appeals of Texas · Jul 24, 2015

The reasoning was that a 911 call was not initiated to establish or prove past facts, but to describe current circumstances and allow police to render assistance. In Hammon v. … See id. at 311 n. 1, 129 S.Ct 2527 Additionally, documents prepared in the regular course of equipment maintenance may well qualify as nontestimonial records." ).

Bennett, Dalton James Jr.

Court of Appeals of Texas · Jul 24, 2015

The reasoning was that a 911 call was not initiated to establish or prove past facts, but to describe current circumstances and allow police to render assistance. In Hammon v. … See id. at 311 n. 1, 129 S.Ct. 2527 Additionally, documents prepared in the regular course of equipment maintenance may well qualify as nontestimonial records." ).

Gulf Coast Transp. Co. v. Standard Bulling Co.

197 S.W. 874 · Court of Appeals of Texas · Jun 29, 1917

It reveals very clearly, we think, a purpose to hereafter require the reserving of a bill of exception to the action of the court on special instructions as necessary to its revision on appeal." The Ft. … The proposition made under the first assignment is that circumstantial evidence which, while not directly establishing the fact sought to be proven, establishes other facts from which the existence of the disputed fact may

Cavitt, Raymond Lee

Court of Appeals of Texas · May 22, 2015

Although it was dark, R.R. saw appellant clearly, and she testified that he was wearing a blue shirt and no pants. … Finally, the State points out that testimony by Laverne that Dee wanted to change her statement to police would not be admissible to impeach R.R., and that it would not qualify as “newly discovered,” as appellant’s counsel

Maurice Angly Lumber Co. v. Converse

341 S.W.2d 510 · Court of Appeals of Texas · Dec 8, 1960

Why it was definitely to last so long as I was qualified and able to perform the duties, and I so confirmed that to him in my contract.” … years (emphasis added) and further agreed to protect such control in the event of your death by executing a new will leaving the corporation in trust with the present management in control. * * * ” We think this letter clearly

Balderas, Juan A/K/A Apache

Court of Appeals of Texas · Jun 24, 2015

Aside from Eduardo Herndez’s death, Wendy’s ability to speak English was the most well-established fact at this trial. … Several of them might well qualify as “skinny,” which is a fairly subjective term, particularly when all that is shown is the face. In none of the six pictures is it apparent how tall the individuals were.

Lower Colorado River Authority v. Texas Department of Water Resources

638 S.W.2d 557 · Court of Appeals of Texas · Jun 30, 1982

The court dealt in that case with the term “unappropriated water” as it was used to qualify the statutory definition of State water. … In contrast to the formal cancellation proceedings described above, the statutory provision for forfeiture calls for no proceedings at all and simply declares the legal result which follows from the establishment of certain

Tom Bennett and James B. Bonham Corporation v. Larry Wayne Grant

460 S.W.3d 220 · Court of Appeals of Texas · Mar 23, 2015

But, “as with any other cause of action, if the elements of malicious prosecution are proved, liability is established.” Id. at 291. … sufficient to produce the result and the conduct of the actor clearly insufficient.”

Housing Authority of City of Dallas v. Hubbell

325 S.W.2d 880 · Court of Appeals of Texas · Mar 13, 1959

or extension of time, he shall within ten days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his *900 protest, thereto in writing to the Local Authority, stating clearly … The answers to Issues Nos. 114 and 115 and Nos. 118 to 120, inclusive, establish a sufficient factual basis to support the judgment pertaining to the second coat of paint applied by Lewis.

Continental Supply Co. v. Adams

272 S.W. 325 · Court of Appeals of Texas · Jan 17, 1925

policy of this state to accord to the members or stockholders of an association, organized to carry on a business for profit to the same extent and with the same powers as if it were a corporation or joint-stock company, immunity … united without a charter, but upon the methods and forms used by incorporated bodies for the prosecution of some common enterprise’ [cit *335 ing authorities]. * * * We think that the word ‘association’ as used in the act clearly

Carter, Brandon Jay

Court of Appeals of Texas · May 15, 2015

will ensue.18 The first prong requires the relator to show that he has a clear right to the relief sought, meaning that the facts and circumstances dictate only one rational decision under unequivocal, well-settled, and clearly … As part of my duties, I maintain the Misdemeanor and Felony Lists of attorneys qualified for appointment to criminal cases. On February 12, 2015, Mr.

Keene Corp. v. Rogers

863 S.W.2d 168 · Court of Appeals of Texas · Sep 8, 1993

Wagoner was qualified to answer the question if the question had properly framed the issue. … The federal counterpart — but clearly not the equivalent, 28 U.S.C.A. § 455 (West Supp.1993), ■ is entitled "Disqualification of justice, judge, or magistrate.”

Gore, Loredana Bertolotti

Court of Appeals of Texas · Jan 21, 2015

Pulliam, 557 F.2d 426, 428–29 (5th Cir. 1977) (holding that consent may be limited, qualified, or withdrawn). … The State cannot meet this burden when the suspect has refused to give a specimen of breath or blood because the suspect has clearly not given consent freely and voluntarily.

Fuelberg, Bennie

Court of Appeals of Texas · Jan 15, 2015

This is clearly contrary to the cases relied upon by Fuelberg, cited above, and justifies discretionary review under Rule 66.3. … The record does not clearly establish as a matter oflaw that Judge Mills should or should not have been recused.

Fuelberg, Bennie

Court of Appeals of Texas · Jan 15, 2015

This is clearly contrary to the cases relied upon by Fuelberg, cited above, and justifies discretionary review under Rule 66.3. … The record does not clearly establish as a matter oflaw that Judge Mills should or should not have been recused.

Henry, Terrance

Court of Appeals of Texas · Aug 11, 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).

Williams, Michele Marie

Court of Appeals of Texas · Mar 28, 2017

Moreover, given the emphasis on probable cause as a factor in other cases, situation four does not 19 automatically establish custody; rather, custody is established if the manifestation … Peerwani testified, “I think that based on the photographs that it’s clearly not a contact gunshot wound. It is not a loose contact gunshot wound.

Liverman, Roger

Court of Appeals of Texas · Mar 11, 2015

This bill analysis clearly shows the Legislature's concern with fraudulent documents being filed with clerks, including liens (see Appendix F). … Under the proposed amendment, the phrase "judgment of a court of this state" is qualified by the phrase "expressly created or established under the Constitution or the laws of this State or of the United States", courts of

Evans, Thomas Lee

Court of Appeals of Texas · Jul 21, 2015

English is an ophthalmologist, a Doctor,qualified to make any observations. … (Her and the D.A. testifying as if she is qualified, an ophthalmologist (S.F. Vol.

Texarkana Independent School District v. Lewis

470 S.W.2d 727 · Court of Appeals of Texas · Sep 7, 1971

Tallahassee Div.1963), the court stated: "A fair reading of the Dixon case shows that it is not necessary to due process requirements that a full scale judicial trial be conducted by a university disciplinary committee with qualified … I think a fundamental error is clearly shown. I would set the judgment of the District Court aside and dismiss the case for want of jurisdiction.