Case law

Henrietta Flores v. Employees Retirement System of Texas

Texas Court of Appeals, 3rd District (Austin) · Apr 18, 2002

Flores's disability qualified as an occupational disability. The Board's reweighing of the evidence was clearly designed to change the effect of Ms. Flores's preexisting condition on her disability. … The Knee Injury The medical evidence adduced at the hearing also established that Ms.

Edward Keller v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 31, 1994

A defendant's right to self-representation does not attach unless it is clearly and unequivocally asserted. Faretta , 422 U.S. at 835 ; Brown v. … contained, inter alia, a certified copy of the judgment and sentence in cause number 90 CR 1661 of the 10th Judicial District Court of Galveston County which included a fingerprint thereon. (4) A fingerprint expert witness was qualified

William Ethridge Hill, Jr. v. State

Texas Court of Appeals, 3rd District (Austin) · Dec 5, 2002

Rule 803(3) clearly provides that testimony as to the deceased's plan and then existing state of mind is admissible. See id. … Worth 2001, no pet.), which stated that "when conducting a legal sufficiency review, a vital fact may not be established by stacking inference upon inference."

Raghunath Dass, P.E. v. Texas Board of Professional Engineers

Texas Court of Appeals, 3rd District (Austin) · Mar 6, 2015

This appeared to be so even after the PSPA and the CME Advisory Opinion were clearly brought to his attention in this proceeding. For this reason, the Board may want to consider requiring Mr. … And therefore, by that answer you 12 were clearly employed in the spring of 2009 with regard 13 to a That's an awkward question, let me start over. 14 You were clearly, then, employed

City of Carrollton v. Texas Commission on Environmental Quality

170 S.W.3d 204 · Texas Court of Appeals, 3rd District (Austin) · Jul 22, 2005

The certificate obligates its holder to provide continuous and adequate service to every customer and every qualified applicant within its area. … We are persuaded that the legislature clearly and unmistakably intended to apply the cancellation provisions of Chapter 13 to home rule municipalities.

Justin Riordan v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 4, 2017

the guilt of the actor, and circumstantial evidence alone can be sufficient to establish guilt.” … Concerning complaints about improper jury argument, the high court’s precedent has clearly established that the right to be free from improper jury argument falls within Marin’s third category and is therefore subject to

Sergeant Hollis AKA Sargent Hollis v. State

Texas Court of Appeals, 3rd District (Austin) · Feb 16, 2007

Rather, “Steelman simply reiterated what previously had been well established: the odor of marijuana emanating from a residence, by itself, is insufficient to establish both the probable cause and statutory authority required … Nevertheless, because the record does not clearly reflect whether the interrogation had stopped or was continuing at the time of this comment and because the State does not advance this argument, we assume for purposes of

Gloria Elizabeth Romero-Perez v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Aug 10, 2023

However, as we explained in our previous opinion addressing this case, there was sufficient evidence to establish that Romero-Perez was responsible, based on her own actions, for trafficking Abby. See State v. … Because the evidence clearly supports Romero-Perez’s guilt as a principal actor in the offense, this militates against a finding of egregious harm. See Gilmore, 397 S.W.3d at 245-46.

Derek Steve Banks v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Sep 19, 2025

A defendant must show “specific prejudice to his defense” to establish that the trial court abused its discretion in refusing to grant a continuance. Id. … The State had asserted that it was not going to qualify an outcry witness. While the State was questioning Mary about her conversation with Appellant, the following exchange occurred: Q.

D.O. v. Texas Department of Human Services

Texas Court of Appeals, 3rd District (Austin) · Apr 7, 1993

Other evidence established that Englehardt was a violent man. In June 1989, he sexually assaulted K.O. … When she was picked up by TDHS in January 1990, she was dirty, had a rash, had not been properly immunized, and suffered from "bottle mouth" (2) that required extensive dental treatment.

Sergeant Hollis AKA Sargent Hollis v. State

Texas Court of Appeals, 3rd District (Austin) · Feb 16, 2007

App. 1988) (accused carries burden to establish that he had reasonable expectation of privacy). 4. … Rather, " Steelman simply reiterated what previously had been well established: the odor of marijuana emanating from a residence, by itself, is insufficient to establish both the probable cause and statutory authority required

Ricky Bee v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Jan 29, 2025

In any event, as the documents establish, Bee was represented at the time he filed those documents. … Accordingly, the remaining Barker factors establish that any presumption of prejudice was extenuated in this case. See Shaw, 117 S.W.3d at 890.

State v. Harrell Ranch, Ltd. and KGB Partnership, Ltd.

Texas Court of Appeals, 3rd District (Austin) · Aug 29, 2008

Comm'n App. 1926, judgm't adopted) (recognizing right to damages for temporary interference with an established business for a definite time). … Archibald valued the certifications as a 10% annual increase for the three years over which the property became qualified for the certifications, and then divided the total premium between the taken portion and the remainder

Democracy Coalition v. City of Austin

141 S.W.3d 282 · Texas Court of Appeals, 3rd District (Austin) · Jul 15, 2004

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … the municipality on notice that there’s a problem and they failed to take action, so that it is, unofficially, their policy-What's required is notice to the municipality of, 'You knew or should have know that this is ... clearly

James Poe and Senior Retirement Planners, LLC v. Eduardo S. Espinosa in His Capacity as Receiver of Retirement Value, LLC

Texas Court of Appeals, 3rd District (Austin) · Aug 28, 2015

A claim need not be reduced to judgment to allow for relief under TUFTA, but the summary judgment evidence must still establish the existence of qualifying claims as a matter of law. See Williams v. … There are thus genuine issues of material fact as to whether any participants had qualifying claims under TUFTA.

State v. Harrell Ranch, Ltd. and KGB Partnership, Ltd.

Texas Court of Appeals, 3rd District (Austin) · Aug 29, 2008

Comm’n App. 1926, judgm’t adopted) (recognizing right to damages for temporary interference with an established business for a definite time). … Archibald valued the certifications as a 10% annual increase for the three years over which the property became qualified for the certifications, and then divided the total premium between the taken portion and the remainder

Santiago Esquivel, Jr. v. State

Texas Court of Appeals, 3rd District (Austin) · May 17, 2001

A verdict may be set aside for factual insufficiency only if a finding of guilt beyond a reasonable doubt is clearly wrong and unjust. Clewis v. State, 922 S.W.2d 126, 129 (Tex. Crim. App. 1996); Stone v. … Of the seventeen alleged acts listed by appellant, only four arguably qualify as extraneous offenses.

Honts v. Shaw

975 S.W.2d 816 · Texas Court of Appeals, 3rd District (Austin) · Sep 8, 1998

Section 43.001 provides that “[e]aeh election precinct established for an election shall be served by a single polling place located within the boundary of the precinct.” Tex. … will has not been fairly expressed and the evidence thereof properly preserved, the courts have been liberal in construing and enforcing as directory only the provisions of the election laws which are not upon their face clearly

Robert Corey Hildebrandt v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Jun 25, 2026

David Miller was qualified to perform the blood draw. 3. The blood draw was conducted in a reasonable location. 4. … Although one of the dates was clearly an error because it does not exist, both dates showed an intent to display the last day in September, which had not yet occurred.

First-Citizens Bank & Trust Company v. Greater Austin Area Telecommunications Network

Texas Court of Appeals, 3rd District (Austin) · Aug 6, 2010

A judge’s comments regarding courtroom administration, even if the comments are stern, “remain immune.” Id. at 556. … Goad attempted to offer the photograph into evidence during his cross-examination of Officer Sweet, suggesting in his argument to the trial court that, contrary to the State’s photographic exhibits, which clearly showed