Case law

Manuel Gaspar Martinez v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 10, 2005

To establish interest, bias, or motive, the court of criminal appeals has held that one must first establish a “specific connection between the witness testimony and the cause, disclosing an actual bias or motive.” … However, Martinez clearly made S.S.’s failure to testify a fact in issue.

Manuel Gaspar Martinez v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 10, 2005

To establish interest, bias, or motive, the court of criminal appeals has held that one must first establish a “specific connection between the witness testimony and the cause, disclosing an actual bias or motive.” … However, Martinez clearly made S.S.’s failure to testify a fact in issue.

Muttoni v. State

25 S.W.3d 300 · Texas Court of Appeals, 3rd District (Austin) · Jul 27, 2000

Muttoni’s confrontational rights were not violated if Tennell’s statement qualifies as a firmly rooted hearsay exception. … In criminal cases, a statement tending to expose the declarant to criminal liability is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. Tex.R. Evid. 803(24). 3 .

Bruce Stanton Hinkley, M.D. v. Texas State Board of Medical Examiners

Texas Court of Appeals, 3rd District (Austin) · Jun 10, 2004

reasonably supported by substantial evidence in view of the reliable and probative evidence in the record as a whole; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly … Hinkley correctly asserts that, according to federal standards of drug testing established by the National Institute on Drug Abuse, a positive drug test must be reviewed by a MRO. 49 C.F.R § 40.123 (2004).

Melvin Auston v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 27, 2014

(“When the evidence clearly shows . . . that a witness is an accomplice as a matter of law, the trial judge must instruct the jury accordingly.”). … App. 1976) (concluding that evidence was insufficient to establish BB gun was a deadly weapon).

Steering Committees for the Cities Served by TXU Electric and Central Power and Light Company v. Public Utility Commission and TXU Energy Services Company

Texas Court of Appeals, 3rd District (Austin) · Mar 15, 2001

The Commission adopted Rule 25.111 to establish requirements and procedures for registering aggregators. 16 Tex. Admin. Code § 25.111 . … These cities may adopt or amend their own charters by a majority vote of qualified voters and they may levy and assess taxes. Id . art. XI, § 5.

Bruce Stanton Hinkley, M.D. v. Texas State Board of Medical Examiners

Texas Court of Appeals, 3rd District (Austin) · Jun 10, 2004

other error of law; (E) not reasonably supported by substantial evidence in view of the reliable and probative evidence in the record as a whole; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly … Hinkley correctly asserts that, according to federal standards of drug testing established by the National Institute on Drug Abuse, a positive drug test must be reviewed by a MRO. 49 C.F.R § 40.123 (2004).

Gloria Mendoza, Individually and on Behalf of the Estate of Her Husband, Leopoldo Mendoza Claudia Mendoza Josefa Mendoza Gloria Mendoza Oscar Mendoza And Jesus Mendoza v. Daughters of Charity Health Services of Austin D/B/A Seton Home Care and Carmen Lozano, R.N.

Texas Court of Appeals, 3rd District (Austin) · Oct 25, 2001

sufficiency, we examine all the evidence, In re King's Estate , 244 S.W.2d 660, 664-65 (Tex. 1951), and set aside the verdict only if it is found to be so against the great weight and preponderance of the evidence that it is clearly … The Mendozas offered the testimony of Patty DeSousa, a nurse, as an expert to establish breach of the appropriate standard of care, and Dr. Stephen Cohen, a medical doctor, as an expert to establish causation.

Raymond Merril Jessop v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 19, 2012

Indeed, circumstantial evidence is as probative as direct evidence in establishing guilt and may alone be sufficient to establish guilt. Hooper v. State, 214 S.W.3d 9, 13 (Tex. Crim. … Beall’s opinions were unfounded in science and that he was not qualified to offer such opinions.

C.O.N.T.R.O.L City of Argyle Town of Bartonville Town of Copper Canyon City of Haslet City of Justin Town of Northlake City of Roanoke Argyle Independent School District And Northwest Independent School District v. Sentry Environmental, L.P. and Texas Natural Resource Conservation Commission

Texas Court of Appeals, 3rd District (Austin) · Feb 14, 1996

The Commission entered a final order denying Sentry's application based on the grounds that Sentry had not adequately characterized deep groundwater at the site and that Sentry had failed to establish that the operation of … Appellants unsuccessfully attempt to qualify as aggrieved parties under the APA. Accordingly, we overrule appellants' first point of error.

Ford Motor Co. v. Butnaru

157 S.W.3d 142 · Texas Court of Appeals, 3rd District (Austin) · Jan 21, 2005

It clearly has not. The Board dismissed with prejudice the Butnarus’ complaint on November 16, 2000, relying on the sole ground that the Butnarus lack standing to file a protest with the Board. … The Butnarus styled their filing a "complaint” but did not cite any particular code provision establishing the Board’s jurisdiction to consider the questions presented.

Scally v. Texas State Board of Medical Examiners

351 S.W.3d 434 · Texas Court of Appeals, 3rd District (Austin) · Oct 18, 2011

statutory provision, (2) exceed the agency’s statutory authority, (3) were made through unlawful procedure, (4) are affected by other error of law, or (5) are arbitrary or capricious or characterized by abuse of discretion or clearly … Jackson and Werner were qualified as experts and their testimony should be admitted.

City of Waco v. Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin) · Sep 17, 2010

An interest common to members of the general public does not qualify as a personal justiciable interest. … An interest common to members of the general public does not qualify as a personal justiciable interest.

City of Waco v. Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin) · Sep 17, 2010

An interest common to members of the general public does not qualify as a personal justiciable interest. … An interest common to members of the general public does not qualify as a personal justiciable interest.

AUSTIN ISD v. Manbeck

338 S.W.3d 147 · Texas Court of Appeals, 3rd District (Austin) · Apr 20, 2011

Fees for fees Our analysis of AISD’s second issue begins with the established principle— so well established, in fact, that it’s long been termed the “American Rule” — that parties to litigation must bear their own attorneys … Johnson also maintained essentially that because Stewart was well qualified, no other attorneys needed to be working on the case.

Gloria Mendoza, Individually and on Behalf of the Estate of Her Husband, Leopoldo Mendoza Claudia Mendoza Josefa Mendoza Gloria Mendoza Oscar Mendoza And Jesus Mendoza v. Daughters of Charity Health Services of Austin D/B/A Seton Home Care and Carmen Lozano, R.N.

Texas Court of Appeals, 3rd District (Austin) · Oct 25, 2001

Estate, 244 S.W.2d 660, 664-65 (Tex. 2 1951), and set aside the verdict only if it is found to be so against the great weight and preponderance of the evidence that it is clearly … Stephen Cohen, a medical doctor, as an expert to establish causation.

Bexar Metropolitan Water District v. City of San Antonio Ex Rel. San Antonio Water System

228 S.W.3d 887 · Texas Court of Appeals, 3rd District (Austin) · Jun 29, 2007

SAWS is not required to establish standing under the voting-rights act because it has not presented a claim under that statute. … In a constitutional challenge, “the courts should uphold a statute as valid unless it is clearly unconstitutional.” Koy v. Schneider, 110 Tex. 369 , 221 S.W. 880, 888 (1920).

Chaka Louis Tasby v. State

Texas Court of Appeals, 3rd District (Austin) · Oct 27, 1993

BACKGROUND Viewed in the light most favorable to the verdict, the evidence established the following events. … Moreover, Britton's in-court identification was independent of the pretrial photographic procedures and therefore immune from any possible suggestion in Zahara's statement.

Roger Dale Newby v. State

Texas Court of Appeals, 3rd District (Austin) · Feb 8, 2001

In the letter, Christopher told appellant that he planned to testify against him at trial in exchange for immunity, but would later recant his testimony on appeal so that appellant’s conviction would be reversed. … A case of beer in a container of the sort used to deliver beer to bars was in the trunk of the car occupied by appellant and the accomplice, although it was never clearly established that beer was taken from

John Doe v. Board of Directors of the State Bar of Texas Commission for Lawyer Discipline And Linda Acevedo, in Her Official Capacity as the Chief Disciplinary Counsel of the State Bar of Texas

Texas Court of Appeals, 3rd District (Austin) · May 7, 2015

The immunity granted by this subsection is absolute and unqualified. … A–90–CA– However, the record clearly demonstrates that both Students 764 (W.D.Tex.