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Archives: 2002,
January - May 2003, June
- December 2003
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2004
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Civil Law Cases
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Criminal Law Cases
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Family Law Cases
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January 2, 2004
Personal Jurisdiction Could Not Be Based On The Mere
Occurrence Of Injury In Texas.
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January 2, 2004
Decision To Review Lower Court's Reversal Of D's Conviction,
Improvident.
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January 2, 2004
Plenary Jurisdiction Was Not Extended By The Filing Of A Request For Findings Of Fact & Conclusions Of Law..
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January 9, 2004
Although Past Mental Anguish Damages Were Awarded, No Future
Mental Anguish Damages Or Loss Of Consortium Damages Were Recovered.
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January 9, 2004
Counsel Appointment For Indigent D Requesting DNA Testing, Mandatory.
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January 9, 2004
Attorney Disqualification Was Not Mandated.
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January 16, 2004
Fraud In A Real Estate Transaction. D's Statements Created A False
Impression.
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January 16, 2004
Sufficient Evidence Based Upon Selective Testing Of Substance Possessed By
D.
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January 16, 2004
Termination Of Parental Rights. H's Failure To File A Statement Of Points
In The Court Of Appeals Was Not A Jurisdictional Defect.
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January 23, 2004
A Fact Issue Exists Whether D-Employer Breached Its Duties To
Provide A Safe Work Environment & To Properly Inspect Equipment.
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January 23, 2004
Venue And Untimely Returned Indictment Claims Not Established.
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January 23, 2004
Marital Property. Valuation Of Land Was Against The Great
Weight & Preponderance Of The Evidence.
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January 30, 2004
Retaliatory Discharge. Fact Issues Precluded Summary Judgment.
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January 30, 2004
Mental Disorder Evidence May Not Negate Required Mental State In Absence Of Insanity Defense.
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January 30, 2004
Family Violence Protective Order Was Final &
Appealable.
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February 6, 2004
Malicious Prosecution. Prove False Information Is Necessary & That It Caused A Criminal Prosecution.
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February 6, 2004
DWI Retrograde Extrapolation Evidence Improperly
Admitted. Error Not
Harmless.
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February 6,
2004
Judgments. Motion To Vacate Judgment Was Not Timely Filed.
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February 13, 2004
Tort Claims Act. UT Doctor May Be A
Government Employee.
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February 13, 2004
Hearsay Exception For Outcry Of Child Sexual
Assault Victim. First Person Cannot Be A
Videotape. Error Harmless.
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February 13,
2004
Termination Of Parental Rights. W Failed To Preserve A Legal Sufficiency
Challenge.
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February 20, 2004
Immunity. Ambulance Driver Was Not Reckless As A
Matter Of Law.
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February 20, 2004
Appellate Review Of Factual Sufficiency Of Sudden
Passion Litigation In Murder Case Is Possible, But
No Error Shown Here.
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February 20,
2004
Child Custody. Grandparents' Right To Access Was
Not Established.
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February 27,
2004
Immunity Barred Claim Concerning Traffic Device.
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February 27, 2004
Juveniles. Charge Error
Required Reversal.
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February 27,
2004
Child Support. Trial Judge May Have Considered
That H Had Undisclosed Financial Resources.
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March 5, 2004
Medical Malpractice.The Court Should Review Cases Under Art. 4590i, When An Expert Fails To Meet The Statutory Requirements and The Trial Court Refuses to Dismiss.
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March 5, 2004
Confession Violates Miranda
But Error Effecting Punishment Stage Only,
Harmless.
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March 5, 2004
Marital Property. H’s Claim For Economic Contribution Was Unsubstantiated Except By His Own Testimony.
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March 12, 2004
Collection Of Judgments. Extinguishment Rule Maintains Viability In Texas.
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March 12, 2004
Collateral Estoppel Claim Based On Prior Federal
Revocation Hearing
Rejected. Dual Sovereignty Trumps.
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March 12, 2004
Termination Of Parental Rights. H Was Denied Effective Assistance Of Counsel.
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March 19, 2004
Ad Litem’s Fee Was Not Justified.
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March 19, 2004
Extraneous Offense Evidence Properly Admitted For
Identity.
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March 19, 2004
Contempt. Trial Court Did Not Possess The Power To Enforce The Payment Of Attorney’s Fees Through Contempt.
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March 26, 2004
Workers’ Compensation Commission Appeals Panel Decision Was Not Final &
Appealable.
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March 26, 2004
Double Jeopardy Violated By Three Capital Murder
Convictions Based On Murder Of Three Victims. Two
Convictions Vacated.
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March 26, 2004
Termination Of Parental Rights. Oral Agreement To Relinquish Parental Rights Was Unenforceable.
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April 2, 2004
Jurisdiction. Special Appearance Was Denied, Although Corporation Relocated Prior To Suit.
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April 2, 2004
Driver's License Suspension. Officer's Sworn
Report Was Admissible.
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April 2, 2004
Termination Of Parental Rights. W’s Failure To File A Statement Of Points Did Not Constitute A Waiver Of Her Nonjurisdictional Issues On Appeal.
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April 9, 2004
Physician Had No Post-Hospital Continuing Duty To Patient.
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April 9, 2004
DNA tests results unfavorable to defendant under innocence standard.
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April 9, 2004
Termination Of Parental Rights. Insufficient Evidence Supported The Trial Court’s Finding That Incarcerated H Placed
T.H. In The Care Of Those Whose Conduct Posed A Danger To Her Well-Being.
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April 16, 2004
Wrongful Discharge Claim Fell Within The Scope Of The Employee’s Arbitration Agreement.
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April 16, 2004
Search warrant fails to state with particularity items to be seized.
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April 16, 2004
Marital Property. Claims Of Fraud, Waste, & Breach Of Fiduciary Duty Cannot Be Brought As Separate Tort Claims.
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April 23, 2004
Jurisdiction. Advisory Opinion Could Not Be Rendered.
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April 23, 2004
Destruction of evidence with potential exculpatory value requires showing of bad faith.
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April 23, 2004
Attorney-Witness Rule Did Not Support Disqualification Of Attorney Ad
Litem
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April 30, 2004
Immunity. County Failed To Prove That The Deputy Responding To An Emergency Acted In Good Faith.
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April 30, 2004
Unanimous jury verdict right infringed by disjunctive submission of offenses in jury charge.
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April 30, 2004
Turnover. D Failed To Establish That Funds Subject To Turnover Were Exempt Under Property Code Section42.0021(a).
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May 7, 2004
Trust's Spendthrift Provision Did Not Prevent
Assignment Of An Interest
After The Trust's Termination.
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May 7, 2004
Search warrant may be issued for item within magistrate’s jurisdiction while magistrate is physically outside jurisdiction.
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May 7, 2004
Contempt Judgments Are Not Appealable.
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May 14, 2004
Damages Were Awarded Only For Past Pain & Suffering.
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May 14, 2004
Search and seizure. Reasonable suspicion lacking for investigatory stop.
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May 14, 2004
Attorney Disqualification Was An Abuse Of Discretion.
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May 21, 2004
Damages. P May Recover Only For Medical Expenses Shown To Result From Treatment Made Necessary By D’s Negligent Acts Or Omissions.
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May 21, 2004
DNA testing denied. Appeal in capital case when death penalty not assessed to intermediate appellate courts under former statute.
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May 21, 2004
Termination Of Parental Rights. W Did Not Have Standing To Challenge The Ad Litem’s Alleged Inadequacies.
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May 28, 2004
School Employee Was Required To Exhaust Administrative Remedies Before Pursuing Relief In The Courts.
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May 28, 2004
Pornography exhibition or sale to minor statute not unconstitutional. This offense can be committed over the internet.
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May 28, 2004
Marital Property. Trial Court Erred In Amending
QDROs.
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June 4, 2004
Medical Malpractice. Evidence Was Legally But Factually Insufficient To Support The Verdict.
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June 4, 2004
Sufficient evidence of capital murder based on murder for retaliation theory.
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June 4, 2004
Finality Of Judgments. Protective Order Was Not Final &
Appealable.
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June 11, 2004
Air Bag Deployment Injury. Ps Failed To Prove That Alleged Design & Marketing Defects Caused Their Child’s Injury.
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June 11, 2004
Appeal. Waiver of D’s vagueness claim because of failure to raise it at trial.
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June 11, 2004
Termination Of Parental Rights Was Affirmed; H Failed To Establish That He Was Able To Care For The Child While He Was Incarcerated.
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June
18, 2004
Estates. Property Was Adeemed At The Testator’s Death, & The Proceeds From Its Sale Passed Pursuant To The Residuary Clause Of The Will.
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June 18, 2004
Search and Seizure. Affidavit in support of search warrant application insufficient to establish probable cause.
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June 18, 2004
Child Support. W Failed To Timely Challenge A Modification Order.
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June 25, 2004
Affidavit Was Largely Struck; Proponent Failed To Respond To Motion To Strike.
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June 25, 2004
Factually sufficient evidence to support civil rights violation.
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June 25, 2004
Termination Of Parental Rights. W Did Not Challenge The Validity Of All Orders.
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July 2, 2004
Workers’ Compensation. Injured Employee Who Did Not Search For Employment Each Week Did Not Qualify For Supplemental Income Benefits.
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July 2, 2004
Photograph from autopsy of unborn child admitted at punishment; more prejudicial than probative.
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July 2, 2004
Termination Of Parental Rights Was Supported By Sufficient Evidence.
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July 9, 2004
Limitations. Neither P Nor Her Experts Qualified To Give An Opinion As To Whether P Was Of Unsound Mind; Thus, She Was Not Entitled To Toll Limitations.
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July 9, 2004
Habeas corpus relief forfeited by failure to raise claim on direct appeal even though D would have been entitled to relief on constitutional grounds.
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July 9, 2004
Parental Rights Termination Case. Court Of Appeals Could Not Review An Unpreserved Complaint Of Charge Error.
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July
16, 2004
Contract Provision; Jury Determined The Intent Of The Parties.
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July 16, 2004
Confrontation right violated by admission of co-defendant’s redacted confession. Appeal.
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July 16, 2004
Termination Of Parental Rights. Insufficient
Evidence Supported Termination Of Incarcerated
H’s Parental Rights.
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July 23, 2004
Wills. Extrinsic Evidence Cannot Be Offered To Prove The Decedent’s Intent.
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July 23, 2004
Appeal. Anders brief requirements not met but appeal issues have no merit because trial court stated that it would not consider challenged evidence.
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July 23, 2004
Child Support Order Was Not Timely Appealed.
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July 30, 2004
Interlocutory Appeal Was Dismissed For Lack Of Jurisdiction.
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July 30, 2004
Juvenile’s Delinquency Adjudication Was
Reversed; The State Presented Legally Insufficient
Corroboration Of Accomplice Testimony.
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July 30, 2004
Appellate Brief Complying With Anders Was Appropriate In This Appeal From The Termination Of Parental Rights.
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August 6, 2004
Insurance Coverage Limit; Court Defined “Related” In This Medical Malpractice Policy.
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August 6, 2004
Sufficient evidence to support D’s conviction of possession with intent to deliver.
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August 6, 2004
Termination Of Parental Rights. Play Therapist Was A Qualified Expert.
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August 13, 2004
Medical Malpractice. Obstetric Anesthesiologist Was Not Qualified To Testify Regarding The Standard Of Care Of An Urologist.
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August 13, 2004
Factually sufficient evidence of DWI despite lack of knowledge about factors necessary for retrograde extrapolation.
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August 13, 2004
Parent-Child Relationship Modification; Trial Court Should Have Considered Inmate-H’s Request To Participate At Trial By Alternative Means.
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August 20, 2004
Fraud & Negligent Misrepresentation Claims Against Law Firm Recruiter Failed.
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August 20, 2004
Ineffective assistance of counsel claim not supported by record on direct appeal.
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August 20, 2004
Child Custody. Emergency Stay Of Order Requiring W To Relocate Was Granted.
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August 27, 2004
Workers’ Compensation Carrier Could Not Relitigate Whether The Injury Was
Compensable.
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August 27, 2004
Appeal. D’s factual sufficiency preserved for appeal through trial court permission despite D’s guilty plea but D’s plea provides sufficient evidence.
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August 27, 2004
Termination Of Parental Rights. Affidavit Of Relinquishment Did Not Comply With Statutory Mandate.
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