Case law

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  • Shawntee Roseanne Samuel v. State

    Texas Court of Appeals, 3rd District (Austin) · Dec 1, 2006

    The authority to place conditions on a defendant’s parole is solely within the purview of the board of pardons and paroles. See Tex. Gov’t Code Ann. § 508.221 (West 2004); McNeill v. State, 991 S.W.2d 300, 302 (Tex. … art. 42.037(h) (West Supp. 2006); see also Campbell v. State, 5 S.W.3d 693, 696 n.6 (Tex. Crim. App. 1999).

    Cited 0 timesPublished
  • David Wayne Casey, Jr. v. State

    Texas Court of Appeals, 3rd District (Austin) · Dec 19, 2003

    TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-03-00030-CR In re Mary Belton David Wayne Casey, Jr., Appellant v. The State of Texas, Appellee FROM THE CRIMINAL DISTRICT COURT OF DALLAS COUNTY NO. … The Clerk is instructed to deliver a copy of this order to the Executive Director of the Court Reporters Certification Board. It is ordered December 19, 2003. Before Chief Justice Law, Justices B. A.

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  • Scott MacKenzie v. State

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

    Id .; see Brown v. State , 96 S.W.3d 508, 512 (Tex. App.--Austin 2002, no pet.) (discussing doctrine of chances and use of extraneous offense evidence to prove intent). … Brown , 96 S.W.3d at 512 .

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  • George Mendoza, Jr. v. State

    Texas Court of Appeals, 3rd District (Austin) · Oct 17, 2019

    TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-19-00714-CR George Mendoza, Jr., Appellant v. … See Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim.

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  • Howard Carroll, Jr. v. State

    Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2002

    The argument in this case might be compared to that in Brown v. State , 353 S.W.2d 425 (Tex. Crim. App. 1962). There the prosecutor argued to the jury that the "dead of World War I and II did not die in vain. … Among the cases cited in Brown is Coats v. State , 265 S.W. 891 (Tex. Crim. App. 1924). (4) By failing to make a timely objection, appellant failed to preserve his complaint for appellate review.

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  • Roger W. Jenkins v. TransDel Corporation

    Texas Court of Appeals, 3rd District (Austin) · Jun 24, 2004

    Jenkins, one of two board members and president of appellee TransDel Corporation, owned forty-nine percent of the company's stock. … Amalgamated Acme Affiliates, Inc. v. Minton , 33 S.W.3d 387, 394 (Tex. App.--Austin 2000, no pet.) (citing Friedman v. Rogers , 440 U.S. 1, 10 (1979); State Bd. of Med. Exam'rs v. Burzynski , 917 S.W.2d 365, 370 (Tex.

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  • Pacific Employers Insurance Company v. Twelve Oaks Medical Center

    Texas Court of Appeals, 3rd District (Austin) · Apr 16, 2010

    Thomas v. Long , 207 S.W.3d 334, 339-40 (Tex. 2006). … (citing Brown v. Shores , 77 S.W.3d 884, 890 (Tex. App.--Houston [1st Dist.] 2002, no pet.) (Brister, C.J., concurring)).

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  • Donovan Walker v. State

    Texas Court of Appeals, 3rd District (Austin) · Dec 8, 2010

    Faretta v. California , 422 U.S. 806, 818-20 (1975). … Brown v. Wainwright , 665 F.2d 607, 610 (5th Cir. 1982) (citing Faretta , 422 U.S. at 835 ). An inquiry about self-representation is not a clear invocation of self-representation. Burton v.

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  • Texas Department of Mental Health and Mental Retardation v. Opal Petty and Linda Kaufman and Herbert Clinton Denson, as Her Next Friends and for Themselves

    Texas Court of Appeals, 3rd District (Austin) · Nov 4, 1992

    App. 1988, writ denied) (notice of appeal naming only chief appraiser, who was not a party before trial court, perfected appeal as to appraisal district and appraisal review board). … New Amsterdam Casualty Co. v. Texas Indus., Inc. , 414 S.W.2d 914, 915 (Tex. 1967); Sadler v. Duval , 815 S.W.2d 285, 293 (Tex. App. 1991, writ denied); Smith v. Matthews , 662 S.W.2d 150 (Tex. App. 1983, no writ).

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  • Gregory Lopez v. State

    Texas Court of Appeals, 3rd District (Austin) · Dec 31, 2014

    App. 2011) 16, 19 Brown v. Mississippi, 297 U.S. 278, 286 (1936) 17 Brown v. State, 814 S.W.2d 477, 479 (Tex. App.-DalIas 1991, pet. refd)...13 Carlock v. … Brown v. State, 814 S.W.2d 477, 479 (Tex. App.-Dallas 1991, pet. refd). Even more so, the prohibition against commenting on a Appellant’s silence at trial is rarely cured through an instruction. Montoya v.

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  • Linda Mounts, Individually and as Independent Administratrix of the Estate of Alisha Dawn Mounts v. St. David's Pavilion St. David's Support Corporation D/B/A St. David's Pavilion and St. David's Psychiatric Hospital St. David's Hospital St. David's Health Care System, Inc. D/B/A St. David's Hospital

    Texas Court of Appeals, 3rd District (Austin) · Dec 11, 1997

    See Cropper v. Caterpillar Tractor Co., 754 S.W.2d 646, 648-50 (Tex. 1988), on remand , 767 S.W.2d 813 (Tex. App.--Texarkana 1989); Pool v. Ford Motor Co. , 715 S.W.2d 629, 633 (Tex. 1986). … See McGalliard v. Kuhlmann , 722 S.W.2d 694, 697 (Tex. 1986).

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  • Airlinx Communications, Inc. v. Ultra Electronics Advanced Tactical Systems, Inc.

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

    KYLE § Clerk Appellant, § v. … Kunstoplast of Am., Inc. v.

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  • National Collegiate Athletic Ass'n v. Yeo

    114 S.W.3d 584 · Texas Court of Appeals, 3rd District (Austin) · Nov 13, 2003

    Board of Regents of State Colleges v. Roth, 408 U.S. 564, 572 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972) (citing Meyer v. Nebraska, 262 U.S. 390, 399 , 43 S.Ct. 625 , 67 L.Ed. 1042 (1923)). … Sch. v. Than, 901 S.W.2d 926, 929 (Tex. 1995) (interest in professional medical education is a liberty interest), while others have focused on it as a property interest, Board of Regents of State Colleges v.

    Reversed by National Collegiate Athletic Assn. v. Yeo, 48 Tex. Sup. Ct. J. 1016 (2005)Cited 4 timesPublished
  • Elizabeth Ann Mills v. the State of Texas

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

    Rhomer v. State, 569 S.W.3d 664, 669 (Tex. Crim. App. 2019); Tillman v. State, 354 S.W.3d 425, 435 (Tex. Crim. App. 2011); Murray v. State, 597 S.W.3d 964, 970 (Tex. App.—Austin 2020, pet. ref’d). … See Coble v. State, 330 S.W.3d 253, 280 (Tex. Crim. App. 2010); Solomon v. State, 49 S.W.3d 356, 365 (Tex. Crim. App. 2001); 10 Washington v.

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  • State of Texas/Operating Contractors ABS Emissions, Inc. v. Operating Contractors/State of Texas

    Texas Court of Appeals, 3rd District (Austin) · Jan 28, 1999

    (citing Dodge v. Board of Educ. of City of Chicago , 5 N.E.2d 84 (Ill. 1936)); see also National Carloading Corp. v. … (citing Dodge v. Board of Educ. of City of Chicago , 5 N.E.2d 84 (Ill. 1936)); see also National Carloading Corp. v.

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  • Sierra Club v. Texas Natural Resource Conservation Commission

    26 S.W.3d 684 · Texas Court of Appeals, 3rd District (Austin) · Sep 21, 2000

    In E.R.S. v. … See Morrow v. Corbin, 122 Tex. 553 , 62 S.W.2d 641, 645 (1933); Orr v. International Bank of Comm., 649 S.W.2d 769, 770 (Tex.App.—San Antonio 1983, no writ). One finds distinctions of these kinds even in the APA itself.

    Cited 85 timesPublished
  • Arlandra C. McClendon v. State

    Texas Court of Appeals, 3rd District (Austin) · Mar 27, 1996

    McClendon, Appellant v. … Patton v. State , 835 S.W.2d 684, 687 (Tex. App.--Dallas 1992, no pet.). The past occurrence of family violence was part of the context of the offense charged. See Brown v. State , 866 S.W.2d 675, 682 (Tex. App.

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  • Texas Home Management, Inc. v. Texas Department of Mental Health & Mental Retardation

    953 S.W.2d 1 · Texas Court of Appeals, 3rd District (Austin) · Oct 2, 1997

    See Federal Crude Oil Co. v. … Board of Trustees, 59 S.W.2d 264, 265-66 (Tex.Civ.App.

    Cited 9 timesPublished
  • John Perrupato v. Lloyd Bellaire

    Texas Court of Appeals, 3rd District (Austin) · Jun 25, 2010

    BROWN, JUDGE PRESIDING MEMORANDUM OPINION John Perrupato appeals the dismissal of his case for want of prosecution. … See State v. Rotello, 671 S.W.2d 507, 508-09 (Tex. 1984); Bevil, 307 S.W.2d at 87.

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