Case law

Debra Faye Taylor, Devin Wesley Costine, and Lori Carpenter v. Texas Department of Protective and Regulatory Services

Texas Court of Appeals, 3rd District (Austin) · Mar 10, 2005

He said Taylor clearly loved her granddaughter very much. He said that the couple had a good relationship, and he had never witnessed any fights between them. … In addition, in light of the whole record, the evidence is not so weak as to be clearly wrong and manifestly unjust. See Cain v. Bain , 709 S.W.2d at 176 .

Debra Faye Taylor, Devin Wesley Costine, and Lori Carpenter v. Texas Department of Protective and Regulatory Services

Texas Court of Appeals, 3rd District (Austin) · Mar 10, 2005

He said Taylor clearly loved her granddaughter very much. He said that the couple had a good relationship, and he had never witnessed any fights between them. … In addition, in light of the whole record, the evidence is not so weak as to be clearly wrong and manifestly unjust. See Cain v. Bain, 709 S.W.2d at 176.

Gregory Dywayne Ward v. State

Texas Court of Appeals, 3rd District (Austin) · Jul 26, 2002

The reviewing court views all the evidence in a neutral light, and sets aside the verdict "only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust." … To establish use of a deadly weapon, the State is not required to prove the weapon used actually caused death or serious bodily injury. See Brooks v. State , 900 S.W.2d 468, 472 (Tex. App.--Texarkana 1995, no pet.).

GATX Terminal Corporation v. Carole Keeton Rylander, Comptroller of Public Accounts of the State of Texas And John Cornyn, Attorney General of the State of Texas

Texas Court of Appeals, 3rd District (Austin) · May 23, 2002

To reach a different result, GATX must establish the lack of evidentiary support for these findings. … As-needed work does not qualify as scheduled because it is not performed until someone directs that it be done. Id. Docket No. 30,911.

Duane Preiss, Individually, and as Next Friend of Alexis Preiss and Ronni Preiss, Minor Children, and as Representative of the Estate of Tracie L. Rasmussen-Preiss, And Shirley Rasmussen v. Charles E. Moritz, M.D. Central Texas Kidney Associates, P.A. Wilbert Polson, M.D. And Austin Radiological Association, P.A.

Texas Court of Appeals, 3rd District (Austin) · Oct 11, 2001

qualified jurors.” … The legislature has established certain minimum qualifications for jurors. See Tex. Gov’t Code Ann. § 62.102 (West 1998).

Gregory Dywayne Ward v. State

Texas Court of Appeals, 3rd District (Austin) · Jul 26, 2002

The reviewing court views all the evidence in a neutral light, and sets aside the verdict Aonly if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust.@ Clewis, 922 S.W.2d at 129 … To establish use of a deadly weapon, the State is not 1 ADeadly weapon@ means: (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or

Bill Goodwin v. Courtney Hohl

Texas Court of Appeals, 3rd District (Austin) · Dec 29, 2021

(“[P]leading labels are not singularly controlling—instead, it is the ‘real substance’ of the claims that determines immunity and jurisdiction.”). … As already explained, Goodwin cannot establish jurisdiction over his claim to the city council seat; he therefore cannot 8 establish jurisdiction over his request for

Enrique Alvarez v. State

Texas Court of Appeals, 3rd District (Austin) · Sep 11, 2003

Appellant claims immunity from prosecution based on diversity of citizenship. … The judicial branch includes district courts, authorized by the constitution and established by the legislature. See id . art 5, § 1.

Enrique Alvarez v. State

Texas Court of Appeals, 3rd District (Austin) · Sep 11, 2003

Appellant claims immunity from prosecution based on diversity of citizenship. … The judicial branch includes district courts, authorized by the constitution and established by the legislature. See id. art 5, § 1.

Raymond Merril Jessop v. State

368 S.W.3d 653 · Texas Court of Appeals, 3rd District (Austin) · Apr 19, 2012

Indeed, circumstantial evidence is as probative as direct evidence in establishing guilt and may alone be sufficient to establish guilt. Hooper v. State, 214 S.W.3d 9, 13 (Tex.Crim.App.2007); Sanders, 346 S.W.3d at 32 . … Consequently, to establish its reliability, the proponent must establish that: (1) the field of expertise involved is a legitimate one, (2) the subject *691 matter of the expert’s testimony is within the scope of that field

Tommy Joe Logans v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 10, 2000

The district court's ruling was not clearly erroneous. See Mandujano v. State , 966 S.W.2d 816, 818-19 (Tex. App.--Austin 1998, pet. ref'd). Point of error seven is overruled. … . § 62.102 (West 1998) (juror must be qualified to vote); Tex. Elec. Code Ann. § 11.002 (West Supp. 2000) (voter must be United States citizen).

Jose Guadalupe Posada v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2001

Ruiz and Gomez testified as accomplice witnesses after a grant of testimonial immunity. … The evidence clearly supports this concession. A reiteration of the facts is not needed.

Duane Preiss, Individually, and as Next Friend of Alexis Preiss and Ronni Preiss, Minor Children, and as Representative of the Estate of Tracie L. Rasmussen-Preiss, And Shirley Rasmussen v. Charles E. Moritz, M.D. Central Texas Kidney Associates, P.A. Wilbert Polson, M.D. And Austin Radiological Association, P.A.

Texas Court of Appeals, 3rd District (Austin) · Oct 11, 2001

The legislature has established certain minimum qualifications for jurors. See Tex. Gov't Code Ann. § 62.102 (West 1998). … qualified jurors."

In Re MCL

110 S.W.3d 591 · Texas Court of Appeals, 3rd District (Austin) · Jun 19, 2003

Rex "Doc" Lender, a shop supervisor with Travis County TNR Fleet Services, testified for the State but was never qualified as an expert. … of the evidence as to be clearly wrong.

Combs v. Entertainment Publications, Inc.

292 S.W.3d 712 · Texas Court of Appeals, 3rd District (Austin) · Aug 27, 2009

In addition, the Comptroller’s plea urged that Entertainment’s request for declaratory relief under the UDJA is barred by sovereign immunity because she was acting within her discretionary authority in applying section 151.024 … A court, on finding an agency rule invalid, may remand the rule to the agency to allow “reasonable time for the agency to *724 either revise or readopt the rule through the established procedures.”

Grey v. State

299 S.W.3d 902 · Texas Court of Appeals, 3rd District (Austin) · Nov 4, 2009

The rock is clearly visible in the video recording of the incident made by equipment in Sablotne’s patrol car. … It was the State’s burden, as the proponent of the challenged evidence, to establish its admissibility. Id.

Jose A. Perez v. Texas Medical Board and Mari Robinson, JD, in Her Official Capacity

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

" putative medical practitioner is qualified to practice medicine". … Section 3 therein grants the Board of Medical Censors the authority to grant medical licenses to qualified applicants.

Vic A. Gardner v. Greg Abbott, Attorney General of Texas The State of Texas And Glenn Elliott, Individually

414 S.W.3d 369 · Texas Court of Appeals, 3rd District (Austin) · Oct 24, 2013

We hold that two well-established summary-judgment principles are fatal to Gardner’s argument. … The State asserts that Gardner must show something more than conduct that would minimally qualify as a hostile work environment, but Gardner’s counsel asserted at oral argument that it is sufficient if a fact question

Jose Guadalupe Posada v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2001

Ruiz and Gomez testified as accomplice witnesses after a grant of testimonial immunity. … The evidence clearly supports this concession. A reiteration of the facts is not needed.

Power Clearinghouse, Inc. v. Public Utility Commission of Texas, City of Austin, and Texas Utilities Electric Company

Texas Court of Appeals, 3rd District (Austin) · Apr 30, 1998

PCI maintains that the Utilities Code clearly and unambiguously gives submetering landlords the status of wholesale customers. The term "wholesale" is not defined in the Utilities Code. … In City of Palm Springs , 76 FERC 61,127 (1996), the Federal Energy Regulatory Commission concluded that, for federal purposes, the delivery of power through submeters is not sufficient to establish a wholesale transaction