Case law

Abel Abraham Rueda v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Dec 13, 2024

To protect that privilege, the Supreme Court established safeguards against self-incrimination in the inherently coercive atmosphere of custodial interrogations. Pecina, 361 S.W.3d at 75. … United States, 512 U.S. 452, 459, 462 (1994) (explaining that accused “must unambiguously request counsel,” stating that accused “must articulate his desire to have counsel present sufficiently clearly that a reasonable police

Texas Architectural Aggregate, Inc. v. Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin) · Dec 7, 2023

other error of law”; “not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole”; or “arbitrary or capricious or characterized by abuse of discretion or clearly … TCEQ is the “principal authority in the state on matters relating to the quality of the water in the state,” id. § 26.127(a), and is authorized to administer Chapter 26’s provisions, establish water quality standards, and

Brigham Exploration Company, Ben M. Brigham, David T. Brigham, Harold D. Carter, Stephen P. Reynolds, Stephen C. Hurley, Hobart A. Smith, Scott W. Tinker, Statoil ASA and Fargo Acquisition, Inc. v. Raymond Boytim, Hugh Duncan, Robert Fioravanta, Walter Schwimmer, Michael Ohler, Ryan Ohler, Walter Ohler, Jr., the Edward J. Goodman Life Income Trust and the Edward J. Goodman Generation Skipping Trust, Jeffrey Whalen, and Howard Weisberg, Individually

Texas Court of Appeals, 3rd District (Austin) · Sep 28, 2015

Where a class representative is immune to a defense that may defeat the claims of absent class members, that representative is not typical of the class. See Monsanto Co. v. Davis, 97 S.W.3d 642, 645-46 (Tex. App. … Plaintiffs failed to establish that common issues predominate over individual issues.

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) · Mar 31, 2015

To do this, it must employ (and retain) qualified officers and directors. … a DCRF, which may be established in future dockets.

Abel Abraham Rueda v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Aug 28, 2024

To protect that privilege, the Supreme Court established safeguards against self-incrimination in the inherently coercive atmosphere of custodial interrogations. Pecina, 361 S.W.3d at 75. … United States, 512 U.S. 452, 459, 462 (1994) (explaining that accused “must unambiguously request counsel,” stating that accused “must articulate his desire to have counsel present sufficiently clearly that a reasonable police

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

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

His overall rating was “clearly outstanding.” 18. … policies establishing reasons for the nonrenewal.

Oak Mortgage Group, Inc. Michael H. Nasserfar Michael E. Task And Tycord R. Gosnay v. Ameripro Funding, Inc.

Texas Court of Appeals, 3rd District (Austin) · Sep 25, 2015

The information clearly is not confidential, not proprietary and not secret. … A district court abuses its discretion in granting a temporary injunction unless "it is clearly established by the facts that one seeking such relief is threatened with an actual irreparable injury if the injunction is

David Rogers v. Gregorio "Greg" Casar

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

It's the device that 15 stores the inventory of unvoted ballots, the inventory 16 of voted ballots, and the access codes that qualify -- 17 once a qualified voter is ready to vote, they give the … Is this Exhibit No. 6 an accurate picture of 16 of voted ballots, and the access codes that qualify-- 16 the website page? 17 once a qualified voter is ready to vote, they give the 17 A.

Graphic Packaging Corporation v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas

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

The Commission is uniquely qualified to speak to the Compact’s proper interpretation and to the course of performance of its members. … In addition, a taxing statute must be shown to “clearly and palpably violate the fundamental law before it will be declared unconstitutional.”

Shamark Smith Limited Partnership, Sharon D. Marcus, and Paul J. Smith v. Martin M. Longoria

Texas Court of Appeals, 3rd District (Austin) · Jun 5, 2015

Whether a statement qualifies as defamation per se is generally a question of law. In re Lipsky, 2015 Tex. LEXIS 350, at *32 (Tex. 2015). … Texas courts must apply Texas defamation law if such application is not clearly prohibited by the federal constitution.

Tom Bennett and James B. Bonham Corporation v. Larry Wayne Grant

Texas Court of Appeals, 3rd District (Austin) · Aug 13, 2014

But, “as with any other cause of action, if the elements of malicious prosecution are proved, liability is established.” Id. at 291. … to produce the result and the conduct of the actor clearly insufficient.”

Railroad Commission of Texas and Magnolia Oil & Gas Operating LLC v. Elsie Opiela and Adrian Opiela, Jr.

Texas Court of Appeals, 3rd District (Austin) · Jun 30, 2023

not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly … Before the hearings examiners in this case, James Clark, qualified as an expert witness on the Commission’s procedures for permitting and other regulatory matters, testified that the PSA in this case divided production

Sandra Ford and the Ruby and Annie Smith Family Partnership v. William Ruth, Judgment Creditor

Texas Court of Appeals, 3rd District (Austin) · May 8, 2015

WHEREAS, the Court has detenn.ined_that,·based on the evidence now in the record, the Government has established pursuant to 21 U.S.C. § 853(p) that the ·remaining property which constituted the $1,653,474 … Rule 32.2(e)(l) of the Federal Rules of Criminal Procedure provide$ that, upon the Government's motion, the Court may at any time amend an existing order of forfeiture to include property that is substitute property that qualifies

Gayleen S. Todd v. State

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

Clearly "citations" and "complaints" Art. 45.018(b), are two entirely different things All cases whether civil or criminal, have the same generic requirements. … Our statutes provide that a person may not operate a motor vehicle in this State unless financial responsibility is established for that vehicle.

Bill Boyd Kuhn v. State

Texas Court of Appeals, 3rd District (Austin) · Jan 31, 2013

“Errors which result in egregious harm are those that affect the very basis of the case, deprive the defendant of a valuable right, vitally affect the defensive theory, or make a case for conviction clearly and significantly … The plurality explained: Surely the Legislature meant for the medical-care defense to immunize from prosecution medically trained professionals who examine victims of child sexual assault for medically

Stephen M. Daniels v. Tony R. Bertolino

Texas Court of Appeals, 3rd District (Austin) · Mar 5, 2015

Daniels’s] allegations and/or establish affirmative defenses denies [Bertolino] of his right to due process of law. CR 26 (emphasis added). … Daniels therefore requests that if the summary judgment remains undisturbed then the Court’s order clearly affirm Mr.

Maverick County, City of Eagle Pass, Maverick County Hospital District, Maverick County Environmental and Public Health Association, and George Baxter v. Railroad Commission of Texas, Dos Republicas Coal Partnership, Camino Real Fuels, LLC And North American Coal Company

Texas Court of Appeals, 3rd District (Austin) · Dec 29, 2015

other error of law; (E) not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly … be exempt so that they can form opinions based on more accurate factual assumptions” but held that nothing in Rules 614 or 267 17 suggests that all expert witnesses qualify

State v. Erasmo Montalvo

Texas Court of Appeals, 3rd District (Austin) · Apr 28, 2015

Mr, Montah'o's poor judgtnent in allowing athletes to use the Jacuzzi in his master bath does not establish that he assaulted V,S. when she lvas in his horne. … (40) State Board for Educator Certification member(s)-'one or more of the members of the SBEC, appointed and qualified under the TEC, $ 21.033.

in Re Richard W. Jackson and Lisa C. Jackson

Texas Court of Appeals, 3rd District (Austin) · Dec 14, 2017

The Jacksons Lack an Adequate Remedy by Appeal Where a party has already established the validity of a temporary injunction, it is improper to force that party to re- establish the injunction’s validity prior to final … But I 15 think that qualifies as one of the documents -- as a 16 document that they requested. 17 THE COURT: All right.

Grayco Town Lake Investment 2007 LP v. Coinmach Corporation

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

Findings may be overturned if they are so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). C. CONCLUSIONS OF LAW. … Lost profits claimed as damages must be established to a reasonable certainty. Holt Atherton Indus., Inc. v.