Case law

Arabzadegan v. State

240 S.W.3d 44 · Texas Court of Appeals, 3rd District (Austin) · Dec 5, 2007

A bright-line rule in the Sixth Amendment context will aid the police because it clearly informs them when the Sixth Amendment right to counsel is invoked and therefore when the interrogation must stop. … Not only is this idea inconsistent with Sixth Amendment values, police officers and sheriff's deputies are not qualified to make such an evaluation and should not be expected to do so.

City of Alvin and Texas-New Mexico Power Company v. Public Utility Commission

Texas Court of Appeals, 3rd District (Austin) · Aug 25, 1993

We conclude PURA authorizes the Commission to establish a performance standard for TNP Unit 1. … Homes that qualified under the program met certain standards for thermal integrity and efficient, properly-sized heating and cooling equipment. 18.

Gregory Joe Wickline v. Board of Regents for the Oklahoma Agricultural and Mechanical Colleges, Acting for and on Behalf of Oklahoma State University And James Michael Holder, in His Individual Capacity and in His Capacity as Vice President for Athletic Programs and Director Of

Texas Court of Appeals, 3rd District (Austin) · Apr 10, 2015

Wickline's claims are barred by the State of Oklahoma's sovereign immunity. 28. Under the Oklahoma Governmental Tort Claims Act (GTCA), Mr. … Wickline's claims are barred in whole or in part because Defendants are immune from suit. 38. Mr.

in Re Teladoc, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jan 27, 2015

umu'cp1nl'nn-cull to the Tela Due cow:cpt mm "ml physid:rns lo qualified … The requirements for establishing same amendment clearly defines The amendment defines the minimum elements minimum

Gerald Christopher Zuliani v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 15, 2015

When the State proffered Bassett’s testimony at trial, Zuliani objected, arguing that Bassett was not qualified to testify as an expert witness, see Tex. R. Evid. 702, and that her testimony was not relevant, see id. … We then overturn the factfinder’s decision only if the appellant establishes that the evidence conclusively proves the affirmative defense. Id.

Lamb County Electric Cooperative, Inc. v. Public Utility Commission of Texas

Texas Court of Appeals, 3rd District (Austin) · Nov 7, 2008

Further, the Cooperative insists that because Southwestern was merely given an exception, Southwestern had the burden of proving, in response to the Cooperative’s allegations, “that every element of its service qualifies … In making its argument, the Cooperative also refers to a federal case concerning an exemption to a tax statute in which the court noted that a person claiming to fall within “an exception to a statute has the burden of clearly

Billy Joe Hamilton v. State

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

Rosa Estella Jimenez v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 31, 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) · Feb 23, 2015

The Beltway and Shimi explain on appeal, that cause of action Insurance Code clearly prohibits such actions. … Clearly, this would result in changes in Richard Thornton, Galveston, for appellee.

Mateo Cortez, as Representative of the Estate of Deborah Cortez v. Sandra Flesher Brown, Charlotte Flesher Ash, Charlene Flesher Johnston, Connie Lou Keith Barry, Randall Wayne Davis, Virginia Villers, Charles Roberts, Lisa A. Smith, Patricia Chapman, Betty J. Marks Webb, James Berl Marks, Linda Murray

Texas Court of Appeals, 3rd District (Austin) · Jan 5, 2018

"Of course, not every action that somehow relates to or implicates a trust qualifies as a quasi in rem administration action." Barbiero v. Kaufman, No. 12-6869, 2013 WL 3939526, at *9 (E.D.Pa. July 30, 2013). … These are clearly in personam tort claims. L.F. Dommerich & Co. v. Bress, 280 F.

S. W. and M. S. v. Texas Department of Family and Protective Services

Texas Court of Appeals, 3rd District (Austin) · Oct 5, 2022

Mother had established a plan “for sobriety and to maintain the sobriety,” and Penaflor never saw a reason to seek psychiatric help for Mother, nor did she recommend substance-abuse counseling because Mother “had established … A “parent’s use of narcotics and its effect on his or her ability to parent may qualify as an endangering course of conduct.” In re J.O.A., 283 S.W.3d 336, 345 (Tex. 2009); see In re C.V.L., 591 S.W.3d 734, 751 (Tex.

Los Fresnos Consolidated Independent School District and Michael L. Williams, Commissioner of Education v. Jorge Vazquez

Texas Court of Appeals, 3rd District (Austin) · Mar 19, 2015

However, none of the allegations were supported by anything that would qualify as "evidence." … "Community Feeling of Incompetence" Section 21.203(b) of the TCNA instructs 1'.I1 boards of trustees to establish policies which establish reasons for nonrenewal.

Joe Angel Morales v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · May 14, 2026

The right to concurrent sentencing is notably missing, and the agreements elsewhere provide that “[t]here are no promises or agreements outside of those established in this written document.” … that the State wanted to proceed to trial but was induced to forego one by the purported waiver, see Carson, 559 S.W.3d at 496 (stating that “[c]onsent to proceed to a bench trial . . . by itself is not sufficient to qualify

Entergy Texas, Inc. v. Public Utility Commission of Texas, Office of Public Utility Counsel, and State of Texas Agencies and Institutions of Higher Education

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

WHY ARE YOU QUALIFIED TO ADDRESS THESE SUBJECTS AND TO 5 PROVIDE THIS TESTIMONY? 6 A. … The Commission established a benchmark for success rates equal to 98%.

Entergy Texas, Inc.// Office of Public Utility Counsel and Public Utility Commission of Texas v. Public Utility Commission of Texas and Texas Industrial Energy Consumers// Office of Public Utility Counsel and Entergy Texas, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jun 2, 2015

The Company's most recent SRP clearly dispels the credibility of that 8 date. … · 35 36 The above noted items, along with other items set forth in Docket No. 18249, clearly 37 establish that the Company did not perform adequately or prudently and incurred

John Bryan Langdon v. Leslie Mathison Gilbert

Texas Court of Appeals, 3rd District (Austin) · Sep 24, 2015

immunity.[15] Helms then sought his attorney's from the International Group Partnership judgment for fees, claiming that the court of appeals' decision made the sum of sixty-six thousand dollars and zero cents … Because there has been no Commission determination that Reed is entitled to supplemental income benefits, this exception clearly does not apply here.

Craig A. Washington v. Commission for Lawyer Discipline

Texas Court of Appeals, 3rd District (Austin) · Aug 17, 2015

Washington’s storied career, he “refused woefully inadequate federal fees in protest for fear that they would deter . . . qualified attorneys from taking on hard cases” (1 CR 243). … A fact may be established by direct evidence or by circumstantial evidence or both.

Denise Stroup, as Legal Guardian of D. L. S., an Incapacitated Person v. MRM Management, Inc.

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

qualified to transact business in this state. … This instruction is clearly erroneous, and materially [215 Cal. App. 2d 213] at variance with the principle announced in Ryan.

Christian Lozano v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Oct 18, 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 reasonable disagreement,” Lopez v. State, 86 S.W.3d 228, 230 (Tex. Crim. … Although Lozano contends that certain communications did not, on their own, establish a bad act and that the communications, with one exception, were sent after A.L. turned seventeen, they did help to establish, as set

Tedde R. Blunck v. Cathy A. Blunck

Texas Court of Appeals, 3rd District (Austin) · Jun 9, 2015

Hays that T wus skeptical that I could do anything in regard to a 401 (k) account because of the federal ERISA statute, which grants broad authority and immunities to plan administrators and that given the amount of money … I further swear that I am a qualified voter of the State of Texas and am in fact registered to vote. My actual residence is in the State of Texas.