Case law

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.

Robert Francis O'Rourke v. Kelcy Warren

Texas Court of Appeals, 3rd District (Austin) · Jun 9, 2023

If the nonmovant establishes a prima facie case, the court must still “dismiss a legal action against the moving party if the moving party establishes an affirmative defense or other grounds on which the moving party is … —Amarillo 2021), aff’d, 662 S.W.3d 355 (Tex. 2023), O’Rourke clearly qualified his statements as his subjective, personal belief on a political issue—that the donation “looks a lot like a bribe to me,” or “[t]hat’s pretty

Bradford E. Larimore v. Employees Retirement System of Texas

Texas Court of Appeals, 3rd District (Austin) · Mar 24, 2006

The burden of establishing entitlement to disability benefits is on the applicant. Id. at 550 . … Although noting that the record "clearly documents Mr.

David Carl Goad v. State of Texas for the Protection of Lisa A. Dunlap

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 a

Judy Weirich v. IESI Corporation and Southside Wrecker, Inc.

Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2016

Weirich questions this Court’s “standing,” we construe this argument as asserting that we lack subject matter jurisdiction. 3 of every pending claim and party or unless it clearly … R. 702 (providing that expert witness must be qualified by knowledge, skill, expertise, training, or education to offer opinion testimony).

Lionel Leal v. State

Texas Court of Appeals, 3rd District (Austin) · Feb 21, 2014

Evidence at trial also established that while Salazar was providing his statement to Williams and receiving medical care from the paramedics, several officers and a SWAT team were dispatched to his house, as they were concerned … Sometimes, you know, I just - - I ain’t going to lie to you.” 9  Salazar’s testimony clearly falls within the category of victim-impact testimony.

Meridell Achievement Center, Inc. v. Arthur Earls, Individually, and on Behalf of the Estate of Aronzo Earls & James J. Elston, by & Through His Next Friend, Sandra Elston, and the State of Texas

Texas Court of Appeals, 3rd District (Austin) · May 5, 1993

If there is no evidence to support the finding, we must then examine the entire record to see if the contrary proposition is established as a matter of law. Sterner v. … This section of the Tort Claims Act waives governmental immunity when 1) the injury is caused by the wrongful act or omission or negligence of an employee acting in the course and scope of employment, and the damage arises

Dr. Paul Richter v. Steven K. Downey

565 S.W.3d 847 · Texas Court of Appeals, 3rd District (Austin) · Dec 7, 2018

Thus, the provider argued, the report did not establish that failure to provide antibiotics caused Nicholas’s death. … The Dallas Court of Appeals rejected this argument, concluding that “the report clearly states that, based on reasonable medical probability, a CT scan would have detected Guerrero’s initial hemorrhage and, if identified

Chia-Ying Persephone Chen v. Marc A. Hernandez

Texas Court of Appeals, 3rd District (Austin) · Aug 28, 2012

The guardian ad litem, Leslie Smith,4 worked with the parties to establish a visitation schedule and accommodate each other’s needs for flexibility. … Regarding parenting abilities, Smith testified that Chen and Hernandez were equally qualified to care and provide for K.R.H.C.

Bradford E. Larimore v. Employees Retirement System of Texas

Texas Court of Appeals, 3rd District (Austin) · Jan 20, 2006

The burden of establishing entitlement to disability benefits is on the applicant. Id. at 550 . … Although noting that the record "clearly documents Mr.

Bradford E. Larimore v. Employees Retirement System of Texas

Texas Court of Appeals, 3rd District (Austin) · Mar 24, 2006

The burden of establishing entitlement to disability benefits is on the applicant. Id. at 550. … Although noting that the record “clearly documents Mr.

Chia-Ying Persephone Chen v. Marc A. Hernandez

Texas Court of Appeals, 3rd District (Austin) · Aug 28, 2012

Hernandez further testified that she signed a year-long lease in Richardson after the trial court ordered her to establish K.R.H.C.' … Regarding parenting abilities, Smith testified that Chen and Hernandez were equally qualified to care and provide for K.R.H.C.

Texas Health and Human Services Commission v. Linda Puglisi

Texas Court of Appeals, 3rd District (Austin) · Aug 14, 2015

Medicaid pays the Medicare deductible on Part B claims for qualified home health clients. … Qualified Medicare Benefìciaries (QMB) are not eligible for Medicaid benefìts.

Bradford E. Larimore v. Employees Retirement System of Texas

Texas Court of Appeals, 3rd District (Austin) · Jan 20, 2006

Although noting that the record “clearly documents Mr. … This Court affirmed the decision of the Board, finding there was evidence in the record demonstrating a reasonable basis for the Board’s conclusion that Broadhurst did not qualify for retirement benefits.

Eric Red v. John Doherty and Doherty & Catlow, a Law Corporation

Texas Court of Appeals, 3rd District (Austin) · Jul 20, 2007

After a trial, the bankruptcy court determined that the wrongful death claims qualified as exceptions to discharge under 11 U.S.C. § 523 (a)(6) because the collision was the result of Red's willful and malicious conduct. … We set aside the fact finding only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Id.

Eric Red v. John Doherty and Doherty & Catlow, a Law Corporation

Texas Court of Appeals, 3rd District (Austin) · Jul 20, 2007

After a trial, the bankruptcy court determined that the wrongful death claims qualified as exceptions to discharge under 11 U.S.C. § 523(a)(6) because the collision was the result of Red’s willful and malicious conduct. … We set aside the fact finding only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust.

Alvin Dale Henry v. Cynthia Patricia (Henry) Allen

Texas Court of Appeals, 3rd District (Austin) · Dec 8, 1993

When reviewing the factual sufficiency of the evidence, we must consider and weigh all the evidence and should set aside the judgment only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong … If there is no evidence to support the finding, we then examine the entire record to determine if the contrary proposition is established as a matter of law. Sterner v.

Jack Warren Davis v. State

Texas Court of Appeals, 3rd District (Austin) · May 13, 1992

Second, it was a personal interview in the district attorney's office, a setting clearly conducive to intimidation. … Finally, the dramatic effect of the meeting on Toth was clearly established, both in the very fact that she changed her testimony and in the reasons she gave for the change.

McDonald v. Dankworth

212 S.W.3d 336 · Texas Court of Appeals, 3rd District (Austin) · May 5, 2006

However, Dankworth later qualified these assertions by claiming that, even while looking away, she could still see McDonald’s truck “in the corner of my eye.” … In light of this testimony, we cannot say that the evidence is so one-sided that the jury’s contributory negligence finding is clearly wrong or manifestly unjust.

William Ethridge Hill, Jr. v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2002

We presume the correctness of the trial court=s ruling, and the burden rests on the appellant to establish the contrary. State v. Gill, 967 S.W.2d 540, 541 (Tex. App.CAustin 1998, pet. ref=d). … Evidence 606(b) limits those matters on which a juror may testify concerning deliberation to: A(1) whether any outside influence was improperly brought to bear upon any juror; or (2) to rebut a claim that the juror was not qualified