Case law

Darius Dontae Lovings v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 18, 2015

Clearly, there was little in the way of any sort of honoring of Appellant’s repeated invocations. … All of these factors show that the defendant clearly understood the consequences of answering questions posed by the officer and thus establishes an implied waiver of his rights.

Mark Vernon Moore v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 23, 2015

We review a trial court’s ruling on the admission or exclusion of evidence for an abuse of discretion.46 A trial court abuses its discretion only when its decision “is so clearly wrong as to lie outside that zone within … made to the first person, 18 years of age or older, other than the defendant, to whom the child . . . made a statement about the offense.’”63 A trial court has “broad discretion” in determining who qualifies

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

Texas Court of Appeals, 3rd District (Austin) · Jun 16, 2015

P., pursuant to which—as established under Rule 190.3(b)(1) and the affidavit of Michael J. … That being the case, this Honorable Court clearly has jurisdiction to review this final judgment on appeal.

State v. Brandom Garrett

Texas Court of Appeals, 3rd District (Austin) · Jan 2, 2018

Where each of the Trial Court’s detailed and explicit findings and conclusions are internally inconsistent and clearly erroneous based on established law, should the Court rely on the Trial Court’s other general … Whether Trooper Nolan was trained and qualified to operate his radar device (see, e.g., supra (Findings on 3, 9-14)). 16.

Ronnie Lawson and Leah Lawson v. Benjamin Keene, Kristi Keene, Gretchen Gayle Gullekson, Dayna Marie Twyman & KWI-8, L.L.C. D/B/A Keller Williams Realty

Texas Court of Appeals, 3rd District (Austin) · Mar 11, 2015

Indeed, Hooks presented testimony that this plat clearly placed the bottom hole outside of the protected zone. … To establish fraudulent inducement, “the elements of fraud must be established as they relate to an agreement between the parties.” Haase, 62 S.W.3d at 798–99.

Alan B. Rich D/B/A Law Office of Alan B. Rich v. Cantilo & Bennett, L.L.P., Special Deputy Receiver of Santa Fe Auto Insurance Company, Inc.

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

-4- clearly established facts, the trial court denied Rich’s timely motion to compel arbitration. … That is clearly impermissible.

Strasburger Enterprises, Inc. D/B/A Strasburger Farms/TDGT Limited Partnership v. TDGT Limited Partnership and Mutual Service Casualty Insurance Company/Strasburger Enterprises, Inc. D/B/A Strasburger Farms

Texas Court of Appeals, 3rd District (Austin) · Jun 12, 2003

The burden of establishing proration is on the surety as a matter of defense. Id. at 1049 (amended 2001) (current version at Tex. Agric. Code Ann. § 14.065 (West Supp. 2003)) (emphasis added). … Strasburger no longer qualified as a depositor because legal title to the milo passed to TDGT upon Strasburger’s surrender of the receipts.

Strasburger Enterprises, Inc. D/B/A Strasburger Farms/TDGT Limited Partnership v. TDGT Limited Partnership and Mutual Service Casualty Insurance Company/Strasburger Enterprises, Inc. D/B/A Strasburger Farms

Texas Court of Appeals, 3rd District (Austin) · Jun 12, 2003

The burden of establishing proration is on the surety as a matter of defense. Id. at 1049 (amended 2001) (current version at Tex. Agric. Code Ann. § 14.065 (West Supp. 2003)) (emphasis added). … Strasburger no longer qualified as a depositor because legal title to the milo passed to TDGT upon Strasburger's surrender of the receipts.

Patricia Mosley// Texas Health and Human Services Commission and Texas Department of Family and Protective Services v. Texas Health and Human Services Commission and Texas Department of Family and Protective Services// Cross-Appellee, Patricia Mosley

Texas Court of Appeals, 3rd District (Austin) · Sep 28, 2016

Elwood, 197 S.W.3d 793, 794 (Tex. 2006) (“To establish negligence, a party must establish . . . damages proximately caused by the breach.”). … And contrary to Petitioner's attempt to justify her failure to stay with-in arm's length of AW, the record clearly established that AW's treatment plan was not revised to provide an exception from the arm's length distance

in Re George Green and Garlan Green

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

quite clearly that the prison term or a large fine. … sought to be established." TEX.

Robert Wayne Longoria v. State

Texas Court of Appeals, 3rd District (Austin) · Oct 25, 2018

To qualify as a sworn affidavit, the declaration of facts contained within the affidavit must be confirmed by oath. See Vaughn, 177 S.W.2d at 61. … App. 2016); see Henley, 493 S.W.3d at 83 (“Before a reviewing court may reverse the trial court’s decision, ‘it must find the trial court’s ruling was so clearly wrong as to lie outside the zone within which reasonable

Jimenez v. State

240 S.W.3d 384 · Texas Court of Appeals, 3rd District (Austin) · Sep 27, 2007

The prosecutor’s comments about defense counsel did not accuse counsel of insincerity or bad-faith conduct, which is usually what qualifies as “striking over the shoulder” of defense counsel. See Fuentes v. … -Beaumont 2000, pet. ref'd) (holding that defendant “failed to establish prejudice by demonstrating that the motion for new trial would have been granted had the trial court conducted the evidentiary hearing.”); Bacey v.

in Re George Green and Garlan Green

Texas Court of Appeals, 3rd District (Austin) · Apr 20, 2015

Clearly, more hearings. … Precedent, no matter how voluminous or how well-established, will clearly not restrain

Wesley Spears and Renee Jacobs v. Falcon Pointe Community Homeowner's Association

Texas Court of Appeals, 3rd District (Austin) · Mar 18, 2015

Sanders  clearly  establishes  that  the  court  showed  bias  against   appellants,  who  are  African  American,  in  favor  of  the  largest  private   developer  in  the …  Constitution  of  the  State  of  Texas  provides  that  “no  citizen   of  this  State  shall  be  deprived  of  life,  liberty,  property,  privileges  or   immunities

El Paso Electric Co. v. Public Utility Commission

917 S.W.2d 846 · Texas Court of Appeals, 3rd District (Austin) · Jul 12, 1995

In light of the Commission's decision that capacity for off-system sales is not "used by and useful to" EPEC in providing service, a factor "clearly implicit in the Commission's findings," the findings as a whole support … Unless this be the case, the Commission's conclusion of law on the prudence issue is totally immune from judicial review insofar as its factual basis is concerned.

Hermenia Jenkins v. Crosby Independent School District and Michael L. Williams in His Official Capacity as State Commissioner of Education

Texas Court of Appeals, 3rd District (Austin) · Oct 13, 2015

Likewise, both appellees rely on the boilerplate language of the contract that says the employee is subject to reassignment into any position the employee is certified or qualified to perform. … Underwood, p. 3, CISD brief Tab 8) The principal in Underwood attempted to preserve the “same exact position,” which Chapter 21 does not protect, clearly distinguishing it from the case at bar.

Stephen Christopher Kuhns v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 28, 2002

These dismissals do not qualify as acceptable documents under section 8.03(b)(1), (2). Perhaps for this reason, appellant did not rely upon these dismissals under this point of error. … It clearly does not distinctly specify the grounds or basis for the objection or what mistake of fact is involved as required by statute. Tex. Code Crim. Proc. art. 36.14 (West Supp. 2002).

Stephen Christopher Kuhns v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 28, 2002

These dismissals do not qualify as acceptable documents under section 8.03(b)(1), (2). Perhaps for this reason, appellant did not rely upon these dismissals under this point of error. … It clearly does not distinctly specify the grounds or basis for the objection or what mistake of fact is involved as required by statute. Tex. Code Crim. Proc. art. 36.14 (West Supp. 2002).

Jimmy Wayne Tharp v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · May 22, 2024

Under that standard, a trial court’s ruling will only be deemed an abuse of discretion if it is so clearly wrong as to lie outside “the zone of 17 reasonable disagreement … (explaining that “[w]hen a witness who is capable of being qualified as an expert testifies regarding events which he or she personally perceived, the evidence may be admissible as both Rule 701 opinion testimony and Rule

Edward Lambright, Richard Moore, Eric Kimball, Terry Ricks, and Calhoun County Shrimpers v. Texas Parks and Wildlife Department, and Texas Parks and Wildlife Commission

Texas Court of Appeals, 3rd District (Austin) · Jan 27, 2005

to limit the overfishing of shrimp.8 The Shrimpers protest that there is no scientific basis for the new designation of nursery areas and bait bays because there is no data indicating that such areas qualify … The legislature may delegate its power to administrative agencies established to carry out legislative purposes. Edgewood Indep. Sch. Dist. v. Meno, 917 S.W.2d 717, 740 (Tex. 1995).