Case law

Patrick Anthony Russo v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 7, 2007

He qualified as an expert witness for the State. Dr. Coons viewed the images shown to have been accessed by appellant on his computer from the “necrobabes.com” Web site as well as photographs of the victim’s body. Dr. … We conclude that the evidence supporting the finding of guilt is not so weak as to make the finding clearly wrong or manifestly unjust, nor is the verdict against the great weight and preponderance of evidence.

Anne Coyle // Stephen Casey v. Chad Walker and Alisha Flood // Cross-Appellee, Anne Coyle

Texas Court of Appeals, 3rd District (Austin) · Jan 24, 2025

“A trial court abuses its discretion in imposing sanctions only if it bases its order on an erroneous view of the law or a clearly erroneous assessment of the evidence.” Id. (citing Robson v. … (stating that burden is on party seeking vexatious litigant finding to establish elements under Section 11.054).

Lenn Willian v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 17, 2005

Haas, qualified as an expert, opined that the fire had been started on the back of the couch and was not accidental. An empty bottle of vegetable oil was found on the couch, which Haas believed was the accelerant. … The failure to establish the first essential requirement of four-part test eliminates the necessity of discussing the other requirements.

Reginald Ferlandus Jackson v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Jan 28, 2022

App. 2005) (describing two circumstances in which improper exclusion of evidence may establish constitutional violation). … App. 2010) (observing that constitutional right to “meaningful opportunity to present a complete defense” is “qualified by requirement that the evidence be relevant and not excluded by an established evidentiary rule”);

Elizabeth Louise Handley v. Marian C. Bloss

Texas Court of Appeals, 3rd District (Austin) · Feb 5, 2010

agency charged with enforcing the 11 In addition, if the utility’s earnings monitoring report indicates that it is earning a return on invested capital of more than 75 basis points above the return established … Code Ann. § 104.301(g). 16 Gas Utility Regulatory Act, interprets the statute to provide a streamlined process for utilities to qualify for interim rate adjustments, allowing

the Cities of Allen and Longview v. Railroad Commission of Texas CenterPoint Energy Resources Corporation Atmos Energy Corporation And Texas Gas Services Company, a Division of Oneok, Inc.

Texas Court of Appeals, 3rd District (Austin) · Feb 5, 2010

Here, the Commission, the agency charged with enforcing the Gas Utility Regulatory Act, interprets the statute to provide a streamlined process for utilities to qualify for interim rate adjustments, allowing for only a ministerial … In addition, if the utility's earnings monitoring report indicates that it is earning a return on invested capital of more than 75 basis points above the return established under the rates it would be charging if not for

Waste Management of Texas, Inc.// Texas Disposal Systems Landfill, Inc. v. Texas Disposal Systems Landfill, Inc.// Cross-Appellee, Waste Management of Texas, Inc.

Texas Court of Appeals, 3rd District (Austin) · May 18, 2012

at the time the documents were presented, the court had little or no information regarding the authors' qualifications to give the expert opinions set forth in the documents, see id. 702 (requiring expert witness to be qualified … Laws 847 , 898 (establishing effective date of Sept. 1, 2003 for Legislature's 2003 changes to Chapter 41). 13.

Jose Chavez v. Juan Francisco Martinez

Texas Court of Appeals, 3rd District (Austin) · Jan 12, 2015

The Note, however, clearly states that the annual interest rate on unpaid principle is a fixed rate of 40%. … If the amount of the fee is proven through the contingency fee method, the expert witness must establish (1) that he or she is qualified to testify regarding the attorney’s fee being sought, (2) that a particular percentage

Cecelia Ledesma v. George L. Shashoua, M.D. Oakwood Women's Cenre, P.A. at Round Rock Joseph Eddings B. Johns, CRNA And Round Rock Medical Center

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

This was not the case in this situation and the individual who established the iv access was negligent in the performance of their duties by causing severe trauma to the branch of the radial nerve in that location. … The court reasoned that due process does not require "prior notice that the law is serious about a clearly stated consequence." Id. Ledesma's open courts argument is equally misguided.

Lenn Willian v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 17, 2005

Haas, qualified as an expert, opined that the fire had been started on the back of the couch and was not accidental. An empty bottle of vegetable oil was found on the couch, which Haas believed was the accelerant. … The mere possibility that an item of undisclosed evidence might have helped a defendant or might have affected the outcome of the trial does not establish materiality. Graves v.

Vincent Davis v. State

Texas Court of Appeals, 3rd District (Austin) · May 19, 2005

Keith Walker, a homicide detective, was qualified as an expert, and testified that strangulation by hands or by ligature could cause death. Appellant Davis was the only defense witness. … While, appellant’s version of the assault did not exactly match that of the declarant as revealed by Officer Canizales’s testimony, the evidence clearly supported the general verdict of the jury.

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) · Mar 11, 2015

Application of Law to Fact Poe clearly met his burden for application of settlement credits under the one-satisfaction rule. … The affidavit fails to establish any expert witness qualifications, and it is conclusory.

Greg Abbott, Attorney General of Texas // State Bar of Texas v. State Bar of Texas// Cross-Appellee, Attorney General of Texas

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

This was not the case in this situation and the individual who established the iv access was negligent in the performance of their duties by causing severe trauma to the branch of the radial nerve in … The court reasoned that due process does not require “prior notice that the law is serious about a clearly stated consequence.” Id. Ledesma’s open courts argument is equally misguided.

Vincent Davis v. State

Texas Court of Appeals, 3rd District (Austin) · May 19, 2005

Keith Walker, a homicide detective, was qualified as an expert, and testified that strangulation by hands or by ligature could cause death. Appellant Davis was the only defense witness. … While, appellant's version of the assault did not exactly match that of the declarant as revealed by Officer Canizales's testimony, the evidence clearly supported the general verdict of the jury.

Spencer Ralph Graham v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Apr 4, 2025

Ayers, 624 F.3d 943, 965–66 (9th Cir. 2010) (“Attorneys are entitled to rely on the opinions of properly selected, adequately informed and well-qualified experts.”); McLaughlin v. … To be sufficient to entitle the defendant to a hearing, the motion and affidavit(s) need not establish a prima facie case for a new trial or reflect every component legally required to establish relief but must “reflect

Henry Schein, Inc. Easy Dental Systems, Inc. And Dentisoft, Inc. v. Shelly E. Stromboe, D.D.S. Alan B. Helig, D.D.S. Bart Presti, D.D.S. Kelly Presti And Jeanne N. Taylor, D.D.S. on Behalf of Themselves and All Others Similarly Situated

Texas Court of Appeals, 3rd District (Austin) · Sep 14, 2000

For there to be adequate representation, the class representatives' interests must not be antagonistic to those of the remaining class members, and class counsel must be sufficiently qualified and experienced to prosecute … Contrary to Easy Dental's assertions, the evidence in the record does not clearly indicate that the representatives have relinquished all control over the litigation or relegated to their attorneys the task of overseeing

Donna B. Ware v. the Estate of Johnnie S. Simpson, Through Its Independent Krystene Wormley Woodard, Henry Evans, and Lois Evans

Texas Court of Appeals, 3rd District (Austin) · Dec 22, 2015

We consider, then, whether the December 15, 2005 document constitutes a document sufficient to convey an interest in the Property to Ware; i.e., whether it qualifies as a deed. … The law is well established that, to present an issue to this Court, a party’s brief shall contain, among other things, a clear and concise argument for the contention made with appropriate citations to legal authorities

Vista Medical Center Hospital v. Texas Mutual Insurance Company

Texas Court of Appeals, 3rd District (Austin) · Jun 6, 2013

guideline required providers not only to meet the $40,000 threshold, but also to demonstrate, through a case-by-case analysis, that the admission entailed “unusually costly and unusually extensive” services in order to qualify … unless the statute ‘clearly or plainly’ reflects the [L]egislature’s intent to supplant the common-law remedy with the statutory 23 Our primary objective in statutory construction is to give effect to the

City of Jacksboro, IESI TX Landfill, LP and the Texas Commission on Environmental Quality// Two Bush Community Action Group v. Two Bush Community Action Group// City of Jacksboro, IESI TX Landfill, LP and the Texas Commission on Environmental Quality

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

IESI objected to the exhibit on the grounds that the exhibit was outside the scope of rebuttal testimony as established by a pretrial order. … IESI emphasizes that Two Bush's expert Ross was called to establish this very point--i.e., that IESI's groundwater flow analysis was incorrect.

City of Jacksboro, IESI TX Landfill, LP and the Texas Commission on Environmental Quality// Two Bush Community Action Group v. Two Bush Community Action Group// City of Jacksboro, IESI TX Landfill, LP and the Texas Commission on Environmental Quality

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

IESI objected to the exhibit on the grounds that the exhibit was outside the scope of rebuttal testimony as established by a pretrial order. … IESI emphasizes that Two Bush’s expert Ross was called to establish this very point—i.e., that IESI’s groundwater flow analysis was incorrect.