Jerry W. Melton, Attorney At Law. Case of the Week.

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Case of the week - Table of Contents

Archives: 2002, January - May 2003, June - December 2003
2004

Civil Law Cases	Criminal Law Cases	Family Law Cases

January 2, 2004 Personal Jurisdiction Could Not Be Based On The Mere Occurrence Of Injury In Texas.	January 2, 2004 Decision To Review Lower Court's Reversal Of D's Conviction, Improvident.	January 2, 2004 Plenary Jurisdiction Was Not Extended By The Filing Of A Request For Findings Of Fact & Conclusions Of Law..

January 9, 2004 Although Past Mental Anguish Damages Were Awarded, No Future Mental Anguish Damages Or Loss Of Consortium Damages Were Recovered.	January 9, 2004 Counsel Appointment For Indigent D Requesting DNA Testing, Mandatory.	January 9, 2004 Attorney Disqualification Was Not Mandated.

January 16, 2004 Fraud In A Real Estate Transaction. D's Statements Created A False Impression.	January 16, 2004 Sufficient Evidence Based Upon Selective Testing Of Substance Possessed By D.	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.

January 23, 2004 A Fact Issue Exists Whether D-Employer Breached Its Duties To Provide A Safe Work Environment & To Properly Inspect Equipment.	January 23, 2004 Venue And Untimely Returned Indictment Claims Not Established.	January 23, 2004 Marital Property. Valuation Of Land Was Against The Great Weight & Preponderance Of The Evidence.

January 30, 2004 Retaliatory Discharge. Fact Issues Precluded Summary Judgment.	January 30, 2004 Mental Disorder Evidence May Not Negate Required Mental State In Absence Of Insanity Defense.	January 30, 2004 Family Violence Protective Order Was Final & Appealable.

February 6, 2004 Malicious Prosecution. Prove False Information Is Necessary & That It Caused A Criminal Prosecution.	February 6, 2004 DWI Retrograde Extrapolation Evidence Improperly Admitted. Error Not Harmless.	February 6, 2004 Judgments. Motion To Vacate Judgment Was Not Timely Filed.

February 13, 2004 Tort Claims Act. UT Doctor May Be A Government Employee.	February 13, 2004 Hearsay Exception For Outcry Of Child Sexual Assault Victim. First Person Cannot Be A Videotape. Error Harmless.	February 13, 2004 Termination Of Parental Rights. W Failed To Preserve A Legal Sufficiency Challenge.

February 20, 2004 Immunity. Ambulance Driver Was Not Reckless As A Matter Of Law.	February 20, 2004 Appellate Review Of Factual Sufficiency Of Sudden Passion Litigation In Murder Case Is Possible, But No Error Shown Here.	February 20, 2004 Child Custody. Grandparents' Right To Access Was Not Established.

February 27, 2004 Immunity Barred Claim Concerning Traffic Device.	February 27, 2004 Juveniles. Charge Error Required Reversal.	February 27, 2004 Child Support. Trial Judge May Have Considered That H Had Undisclosed Financial Resources.

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.	March 5, 2004 Confession Violates Miranda But Error Effecting Punishment Stage Only, Harmless.	March 5, 2004 Marital Property. H’s Claim For Economic Contribution Was Unsubstantiated Except By His Own Testimony.

March 12, 2004 Collection Of Judgments. Extinguishment Rule Maintains Viability In Texas.	March 12, 2004 Collateral Estoppel Claim Based On Prior Federal Revocation Hearing Rejected. Dual Sovereignty Trumps.	March 12, 2004 Termination Of Parental Rights. H Was Denied Effective Assistance Of Counsel.

March 19, 2004 Ad Litem’s Fee Was Not Justified.	March 19, 2004 Extraneous Offense Evidence Properly Admitted For Identity.	March 19, 2004 Contempt. Trial Court Did Not Possess The Power To Enforce The Payment Of Attorney’s Fees Through Contempt.

March 26, 2004 Workers’ Compensation Commission Appeals Panel Decision Was Not Final & Appealable.	March 26, 2004 Double Jeopardy Violated By Three Capital Murder Convictions Based On Murder Of Three Victims. Two Convictions Vacated.	March 26, 2004 Termination Of Parental Rights. Oral Agreement To Relinquish Parental Rights Was Unenforceable.

April 2, 2004 Jurisdiction. Special Appearance Was Denied, Although Corporation Relocated Prior To Suit.	April 2, 2004 Driver's License Suspension. Officer's Sworn Report Was Admissible.	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.

April 9, 2004 Physician Had No Post-Hospital Continuing Duty To Patient.	April 9, 2004 DNA tests results unfavorable to defendant under innocence standard.	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.

April 16, 2004 Wrongful Discharge Claim Fell Within The Scope Of The Employee’s Arbitration Agreement.	April 16, 2004 Search warrant fails to state with particularity items to be seized.	April 16, 2004 Marital Property. Claims Of Fraud, Waste, & Breach Of Fiduciary Duty Cannot Be Brought As Separate Tort Claims.

April 23, 2004 Jurisdiction. Advisory Opinion Could Not Be Rendered.	April 23, 2004 Destruction of evidence with potential exculpatory value requires showing of bad faith.	April 23, 2004 Attorney-Witness Rule Did Not Support Disqualification Of Attorney Ad Litem

April 30, 2004 Immunity. County Failed To Prove That The Deputy Responding To An Emergency Acted In Good Faith.	April 30, 2004 Unanimous jury verdict right infringed by disjunctive submission of offenses in jury charge.	April 30, 2004 Turnover. D Failed To Establish That Funds Subject To Turnover Were Exempt Under Property Code Section42.0021(a).

May 7, 2004 Trust's Spendthrift Provision Did Not Prevent Assignment Of An Interest After The Trust's Termination.	May 7, 2004 Search warrant may be issued for item within magistrate’s jurisdiction while magistrate is physically outside jurisdiction.	May 7, 2004 Contempt Judgments Are Not Appealable.

May 14, 2004 Damages Were Awarded Only For Past Pain & Suffering.	May 14, 2004 Search and seizure. Reasonable suspicion lacking for investigatory stop.	May 14, 2004 Attorney Disqualification Was An Abuse Of Discretion.

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.	May 21, 2004 DNA testing denied. Appeal in capital case when death penalty not assessed to intermediate appellate courts under former statute.	May 21, 2004 Termination Of Parental Rights. W Did Not Have Standing To Challenge The Ad Litem’s Alleged Inadequacies.

May 28, 2004 School Employee Was Required To Exhaust Administrative Remedies Before Pursuing Relief In The Courts.	May 28, 2004 Pornography exhibition or sale to minor statute not unconstitutional. This offense can be committed over the internet.	May 28, 2004 Marital Property. Trial Court Erred In Amending QDROs.

June 4, 2004 Medical Malpractice. Evidence Was Legally But Factually Insufficient To Support The Verdict.	June 4, 2004 Sufficient evidence of capital murder based on murder for retaliation theory.	June 4, 2004 Finality Of Judgments. Protective Order Was Not Final & Appealable.

June 11, 2004 Air Bag Deployment Injury. Ps Failed To Prove That Alleged Design & Marketing Defects Caused Their Child’s Injury.	June 11, 2004 Appeal. Waiver of D’s vagueness claim because of failure to raise it at trial.	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.

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.	June 18, 2004 Search and Seizure. Affidavit in support of search warrant application insufficient to establish probable cause.	June 18, 2004 Child Support. W Failed To Timely Challenge A Modification Order.

June 25, 2004 Affidavit Was Largely Struck; Proponent Failed To Respond To Motion To Strike.	June 25, 2004 Factually sufficient evidence to support civil rights violation.	June 25, 2004 Termination Of Parental Rights. W Did Not Challenge The Validity Of All Orders.

July 2, 2004 Workers’ Compensation. Injured Employee Who Did Not Search For Employment Each Week Did Not Qualify For Supplemental Income Benefits.	July 2, 2004 Photograph from autopsy of unborn child admitted at punishment; more prejudicial than probative.	July 2, 2004 Termination Of Parental Rights Was Supported By Sufficient Evidence.

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.	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.	July 9, 2004 Parental Rights Termination Case. Court Of Appeals Could Not Review An Unpreserved Complaint Of Charge Error.

July 16, 2004 Contract Provision; Jury Determined The Intent Of The Parties.	July 16, 2004 Confrontation right violated by admission of co-defendant’s redacted confession. Appeal.	July 16, 2004 Termination Of Parental Rights. Insufficient Evidence Supported Termination Of Incarcerated H’s Parental Rights.

July 23, 2004 Wills. Extrinsic Evidence Cannot Be Offered To Prove The Decedent’s Intent.	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.	July 23, 2004 Child Support Order Was Not Timely Appealed.

July 30, 2004 Interlocutory Appeal Was Dismissed For Lack Of Jurisdiction.	July 30, 2004 Juvenile’s Delinquency Adjudication Was Reversed; The State Presented Legally Insufficient Corroboration Of Accomplice Testimony.	July 30, 2004 Appellate Brief Complying With Anders Was Appropriate In This Appeal From The Termination Of Parental Rights.

August 6, 2004 Insurance Coverage Limit; Court Defined “Related” In This Medical Malpractice Policy.	August 6, 2004 Sufficient evidence to support D’s conviction of possession with intent to deliver.	August 6, 2004 Termination Of Parental Rights. Play Therapist Was A Qualified Expert.

August 13, 2004 Medical Malpractice. Obstetric Anesthesiologist Was Not Qualified To Testify Regarding The Standard Of Care Of An Urologist.	August 13, 2004 Factually sufficient evidence of DWI despite lack of knowledge about factors necessary for retrograde extrapolation.	August 13, 2004 Parent-Child Relationship Modification; Trial Court Should Have Considered Inmate-H’s Request To Participate At Trial By Alternative Means.

August 20, 2004 Fraud & Negligent Misrepresentation Claims Against Law Firm Recruiter Failed.	August 20, 2004 Ineffective assistance of counsel claim not supported by record on direct appeal.	August 20, 2004 Child Custody. Emergency Stay Of Order Requiring W To Relocate Was Granted.

August 27, 2004 Workers’ Compensation Carrier Could Not Relitigate Whether The Injury Was Compensable.	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.	August 27, 2004 Termination Of Parental Rights. Affidavit Of Relinquishment Did Not Comply With Statutory Mandate.

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Board Certified - Family Law and Criminal Law, Texas Board of Legal Specialization 2 Galleria Tower 13455 Noel Road, Suite 1000, Dallas, TX 75240 Telephone: (972)980-8000 E-Mail: JerryMelton@jerrymelton.com
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