Case law
Opinions from 1658 to today.
2,255 results
0.48s
Lonnie H. Mansolo v. the State of Texas
Texas Court of Appeals, 3rd District (Austin) · Jan 30, 2026
Notably, although indecency with a child by sexual contact may serve as a predicate offense for continuous sexual abuse, indecency by breast-touching is explicitly excluded from the list of qualifying statutes. … “Circumstantial evidence is as probative as direct evidence in establishing the guilt of an actor, and circumstantial evidence alone can be sufficient to establish guilt.” Acosta v. State, 429 S.W.3d 621, 625 (Tex.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Mar 3, 2017
Corp., 292 S.W.3d at 667-68 (“We disagree that a party can immunize itself against declaratory relief by simply terminating any ongoing relationship.”). … David’s Healthcare Partnership is terminated; (5) a qualifying termination as defined in the employment agreement; and (6) termination resulting from a conflict of interest.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jun 13, 2014
not be reasonable for the Commissioner to conclude that his communications were in all circumstances immune from scrutiny. … OR2000-3105 at n.2 (stating that state senator, as individual person, is not governmental body subject to PIA, but that her “office clearly falls within the meaning of ‘governmental body’” as defined by PIA).
Cited 0 timesPublishedCounty of Reeves v. Texas Commission on Environmental Quality and Town of Pecos City
Texas Court of Appeals, 3rd District (Austin) · Aug 28, 2008
The petition requested the establishment of interim rates pending the TCEQ's final decision and "the establishment of rates that are just and reasonable." … Instead, the court has held that such requirements must be applied in light of their underlying purposes of enabling verification of the signatures as those of registered voters eligible to vote for the office and thereby qualified
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Sep 30, 2005
Consistent with these limitations, the State, when delegating general eminent domain power to home-rule municipalities like the City of Austin, qualified the grant of power to the “exercise [of] the right of eminent domain … (construing two resolutions together to constitute required determination of necessity).12 Under such a standard, Resolution 010809-11 would clearly be deficient: it contains no determination by the Austin City Council
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Sep 30, 2005
Consistent with these limitations, the State, when delegating general eminent domain power to home-rule municipalities like the City of Austin, qualified the grant of power to the "exercise [of] the right of eminent domain … (construing two resolutions together to constitute required determination of necessity). (12) Under such a standard, Resolution 010809-11 would clearly be deficient: it contains no determination by the Austin City Council
Cited 0 timesPublishedChristopher P. Smith v. Patricia K. Detrich
Texas Court of Appeals, 3rd District (Austin) · Jan 13, 2010
rules of law or of evidence from giving weight to the only evidence offered to prove a vital fact; (c) the evidence offered to prove a vital fact is no more than a mere scintilla; [or] (d) the evidence establishes … There was also evidence that, after retirement, Smith sought jobs only in the human-resources, project-management, and operations-management fields, yet admitted that he was not currently qualified for those jobs.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jun 8, 2005
Consistent with these limitations, the State, when delegating general eminent domain power to home-rule municipalities like the City of Austin, qualified the grant of power to the “exercise [of] the right of eminent domain … As the Waco court acknowledged, Gardner is clearly distinguishable from “the conventional condemnation case”—it involved property already within the city’s possession under an easement and where the city was already at work
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jun 10, 2016
added to the “public servant” definition in the jury charge (“A police officer is a public servant.”), arguing the law (that as an officer or employee of a municipality or agency of the municipality, a city police officer qualifies … Further, the record clearly establishes that no dispute existed as to what constituted a public servant, nor was there any dispute about whether the evidentiary facts sufficed to demonstrate that Office Jones, a municipal
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jun 8, 2005
Consistent with these limitations, the State, when delegating general eminent domain power to home-rule municipalities like the City of Austin, qualified the grant of power to the “exercise [of] the right of eminent domain … Under such a standard, Resolution 010809-11 would clearly be deficient: it contains no determination by the Austin City Council that condemning the Whittingtons’ property was necessary to advance a public use, or even what
Cited 0 timesPublishedJames W. Paulsen v. State Bar of Texas
Texas Court of Appeals, 3rd District (Austin) · Jan 11, 2001
The Foundation is authorized to make grants only to qualified organizations, which must have section 501(c)(3) status under the Internal Revenue Code, and a primary purpose of providing legal services to individuals defined … He must establish first that the program is per se unethical.
Cited 0 timesPublishedKimberly Charlene Martin v. State
Texas Court of Appeals, 3rd District (Austin) · Dec 1, 2017
victim actually felt or suffered physical pain because people of common intelligence understand pain and some of the natural causes of it.”18 When, as here, the alleged offense is robbery, “so long as the ‘violence’ is clearly … It’s an immune deficiency virus. Q. Okay. And I guess is there anything in your life that makes this particularly, I guess, scary to you? A.
Cited 0 timesPublishedSean Christopher Brewer v. State
Texas Court of Appeals, 3rd District (Austin) · Feb 21, 2014
App. 2005) (“A trial court abuses its discretion when its decision is so clearly wrong as to lie outside that zone within which reasonable persons might disagree.”). … To establish reliability for a “soft science,” the proponent must establish that: (1) the field of expertise involved is a legitimate one, (2) the subject matter of the expert’s testimony is within the scope of that field
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jun 6, 2008
We clearly believe falling contributed. We clearly believe being ejected from a swing contributed. We clearly believe slipping in the bathtub contributed. Falling on the bleachers contributed. … Right to Terminate Questioning The right to terminate questioning is among the procedural safeguards that Miranda establishes. Miranda , 384 U.S. at 474 .
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jun 6, 2008
We clearly believe falling contributed. We clearly believe being ejected from a swing contributed. We clearly believe slipping in the bathtub contributed. Falling on the bleachers contributed. … Right to Terminate Questioning The right to terminate questioning is among the procedural safeguards that Miranda establishes. Miranda, 384 U.S. at 474.
Cited 0 timesPublishedAndrew C. Pore v. Cheyenne Ellis
Texas Court of Appeals, 3rd District (Austin) · Nov 3, 2021
evidence for factual sufficiency, we consider and weigh all the evidence presented and will set aside the trial court’s findings only if they are so contrary to the overwhelming weight of the evidence such that they are clearly … The trial court’s conclusion includes qualifiers that Father “has not always shown he can give 12 first priority to the child’s welfare” or reach shared decisions on the child
Cited 0 timesPublishedHunt County Community Supervision and Corrections Department v. Christina Gaston
Texas Court of Appeals, 3rd District (Austin) · Aug 6, 2014
Because Chapter 52 clearly confers such authority, district court judges 12 possess the authority to investigate criminal allegations even if a particular judge would … Is the scope of the Act—and derivatively, its waiver of sovereign immunity—unclear because there is no such reference? No.
Cited 0 timesPublished255 S.W.3d 786 · Texas Court of Appeals, 3rd District (Austin) · May 22, 2008
Applying these criteria to the provision in question, the court found the section containing the insolvency standard to be “clearly severa-ble.” Calfarm, 258 Cal.Rptr. 161 , 771 P.2d at 1256 . … Although State Farm Lloyds initiated the appeal, the appeal arose because of TDI’s determination that State Farm Lloyds had failed to comply with the statute by filing a rate that did not qualify as “just, reasonable, adequate
Cited 21 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Dec 8, 2006
Without objection, Guajardo was qualified as an expert witness. … The use of a hatchet to cause death would establish that the perpetrator acted with intent to cause death.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Dec 8, 2006
Without objection, Guajardo was qualified as an expert witness. … The use of a hatchet to cause death would establish that the perpetrator acted with intent to cause death.
Cited 0 timesPublished
Ask Donna