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Interlocutory Appeal Law
 
Scott F. Cree v. The State of Texas

Scott F. Cree appeals his jury conviction for burglary of a habitation. The jury assessed punishment at confinement for a term of seventy years in the Texas Department of Criminal Justice, Institutional Division, and a fine of $5,000. In three issues on appeal, Appellant contends that the trial court erred in admitting a written statement from the alleged victim, that without the erroneously adm... More...   $0 (04-14-2016 - TX)

Kipp Kenneth Luster v. The State of Texas

A jury convicted Kipp Kenneth Luster of possession of a controlled
substance and assessed a punishment of twenty years in prison. In one appellate
issue, Luster complains of the trial court’s decision to grant one of the State’s
challenges for cause. During voir dire, potential juror number one stated that she
could not give a young man a sentence of ninety-nine years for a dru... More...
   $0 (04-14-2016 - TX)

Joshua Michael Long v. The State of Texas

Long was charged by indictment with four counts of possession of child
pornography, a third-degree felony. See Tex. Penal Code Ann. § 43.26(a) (West Supp. 2015).2 On February 4, 2014, Long entered pleas of guilty to all four counts. On May 23, 2014, the trial court found the evidence sufficient to find Long guilty on each count, but the court deferred further proceedings without entering an <... More...
   $0 (04-14-2016 - TX)

Christopher Lee Cuttrell v. The State of Texas

Cuttrell was indicted on November 26, 2014, for one count of fraudulently
possessing items of identifying information—for possessing fewer than five pieces
of identifying information belonging to another, specifically a person’s social
security number. The initial complaint stated that a search by law enforcement of
Cuttrell’s vehicle on August 21, 2014, revealed Cuttrell was i... More...
   $0 (04-14-2016 - TX)

Mazen Abdelkader Elzarka v. The State of Texas

The State charged Mazen Abdelkader Elzarka with online solicitation of a
minor, a second degree felony. See Tex. Penal Code Ann. § 33.021(c) (West Supp.
2015). Prior to his trial, Elzarka challenged the constitutionality of the online
solicitation statute in a combined pre-trial application for a writ of habeas corpus
and motion to quash the indictment. Also, Elzarka filed a se... More...
   $0 (04-14-2016 - TX)

Jeromy John Leax v. The State of Texas

The State charged Jeromy John Leax with two counts of online solicitation
of a minor. In a pre-trial application asking the trial court to issue a writ of habeas
corpus, Leax challenged the constitutionality of the online solicitation statute. He
also filed a motion to quash the indictment that charged him with the crime of
online solicitation of a minor. Before trial, and base... More...
   $0 (04-14-2016 - TX)

Eduardo Luis Felix v. The State of Texas

Appellant Eduardo Luis Felix appeals from the revocation of his deferred
adjudication community supervision and imposition of sentence. In three appellate
issues, he contends: (1) the juvenile court abused its discretion by waiving
jurisdiction over him and placing him under adult supervision; (2) the trial court
erred in denying his request for a record of the juvenile court p... More...
   $0 (04-14-2016 - TX)

Raul Fernando Barron v. The State of Texas

A jury found Raul Fernando Barron guilty of violating the terms of his civil
commitment, and following his punishment hearing, the jury also found the
enhancement paragraphs to be true. The trial court followed the jury’s
recommendation and gave Barron a life sentence. See Act of May 27, 2007, 80th
Leg., R.S., ch. 1219, § 8, 2007 Tex. Gen. Laws 4109, 4110 (amended 2015)
(c... More...
   $0 (04-14-2016 - TX)

Curtis Nathaniel Bullman v. The State of Texas

The State indicted Bullman for continuous sexual abuse of a child. The State
alleged that “from on or about June 3, 2011 through March 5, 2012” Bullman committed two or more acts of sexual abuse against E.D.2, a child younger than
fourteen years of age. The State specifically alleged that Bullman committed
aggravated sexual assault against E.D. on or about June 3, 2011, November 1, ... More...
   $0 (04-14-2016 - TX)

Ricky Dan Allee v. The State of Texas

Appellant, who suffers from addiction, has been a car salesman for over forty
years and is a homeowner. He takes numerous prescribed medications for various
medical conditions. In January 2007, pursuant to a plea bargain, he was placed on
deferred adjudication community supervision for a term of five years. Since then, the
State has filed six motions to revoke. Until the re... More...
   $0 (04-14-2016 - TX)

Keith William Bennett v. The State of Texas

William Keith Bennett appeared before the trial court December 15, 2014 and entered an
open plea of guilty to possession of more than 4 grams but less than 200 grams of a controlled
substance (methamphetamine) with the intent to deliver it, the penalty being enhanced by two prior
theft convictions. At the plea hearing, the trial court reminded Bennett that the range of
punishm... More...
   $0 (04-13-2016 - TX)

Promise Lashawn Kelley v. The State of Texas

On May 20, 2012, the body of Fredy Villalta was found in the middle of the service road
of LBJ Freeway in Dallas. Villalta had been shot once in the head. A closed knife was found in
his pocket. Two fired cartridge casings were found on the curb of the road.
Police identified appellant as a suspect and, through investigation, learned that Villalta
had been a customer of one ... More...
   $0 (04-13-2016 - TX)

Rigoberto Vazquez Hernandez v. The State of Texas

In his sole issue, appellant claims the trial court erred by failing to instruct the jury on the
law of self-defense. We use a two-step process in reviewing jury charge error. Ngo v. State, 175
S.W.3d 738, 743 (Tex. Crim. App. 2005). First, we determine whether error exists in the charge.
Id. If error does exist, we review the record to determine whether the error caused suffic... More...
   $0 (04-13-2016 - TX)

Kevin Johnson v. The State of Texas

On January 31, 2011, Johnson was indicted on two counts of felony possession of a
controlled substance with intent to deliver. The indictment contained two prior felony
enhancement allegations. On October 14, 2011, in exchange for a plea of guilty, the State waived
both enhancement paragraphs and made a punishment recommendation capping Johnson’s
punishment at twelve-years’ c... More...
   $0 (04-13-2016 - TX)

Jesse Garza v. The State of Texas

On July 24, 2015, Garza appeared before the trial court on a felony information. Garza
agreed to several waivers, including waiving an indictment, the reading of the information, and
presentation to a grand jury. Garza also affirmed he desired to waive his right to trial by jury, right
to confront witnesses, and right against self-incrimination. The trial court approved the waive... More...
   $0 (04-13-2016 - TX)

Mario Ismael Gutierrez v. The State of Texas

Appellant’s court-appointed appellate attorney filed a motion to withdraw and a brief in
which he raises no arguable issues and concludes this appeal is without merit. The brief meets the
requirements of Anders v. California, 386 U.S. 738 (1967), High v. State, 573 S.W.2d 807 (Tex.
Crim. App. 1978), and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Counsel
provided ... More...
   $0 (04-13-2016 - TX)

Carlos Bernard Smith v. The State of Texas

The evidence shows Smith and Joyce Kidd, who were dating, were riding together in Ms.
Kidd’s Toyota Camry. According to Smith, as they approached the crest of a bridge, Ms. Kidd,
who was driving, leaned over and was “slobbering” and drooling.” Because Ms. Kidd was unable
to control the Camry, Smith grabbed the steering wheel and steered the car off the bridge and on
to a side... More...
   $0 (04-13-2016 - TX)

Vicente Saldana v. The State of Texas

Saldana was indicted for four counts of sexual assault of a child and four counts of
aggravated sexual assault of a child. He pled not guilty to each count, and the case proceeded to a
trial by jury, which found him guilty on all counts. The trial court imposed punishments of forty
five years’ confinement for each aggravated sexual assault conviction and twenty years’
confinemen... More...
   $0 (04-13-2016 - TX)

Keith Balkissoon v. The State of Texas

At the hearing on the motion to suppress, the district court heard evidence that
at approximately 2:00 a.m. on the night of October 7, 2011, Trooper Michael Reisen of the
Texas Department of Public Safety had initiated a traffic stop on Balkissoon’s vehicle after
observing the vehicle “fail[] to yield [the] right of way out of a private drive” located along the
access road of Highw... More...
   $0 (04-13-2016 - TX)

Dene Ray McCarter v. The State of Texas

Appellant and Tanya began a dating relationship in 2012. In May 2013,
Tanya ended the relationship. Appellant was upset by the break up. Tanya later
stated that Appellant told her “that he wouldn’t let nobody else have me.”
Following the break up, Appellant would come to Tanya’s apartment, but
she would not let him in her home. Tanya always kept her front door locked; More...
   $0 (04-13-2016 - TX)

Lyndon Ansil Fears v. The State of Texas

At 11:02 p.m., appellant was stopped for speeding by an officer with the
Hitchcock Police Department. That officer noted several signs of intoxication, such
as the smell of alcohol and appellant’s slurred speech, and requested assistance from
the Texas Department of Public Safety (“DPS”) for a possible DWI suspect. Trooper
M. Guerra, with the DPS, arrived on the scene at approx... More...
   $0 (04-13-2016 - TX)

PIERSON v. JOPLIN

On April 25, 2007, Lahoma Pierson Hall (Ms. Hall) died in the care of hospice after a seven-day stay in AHS Tulsa Regional Medical Center (Hospital). On March 20, 2009, Appellants Kenneth P. Pierson, son of Ms. Hall, and Paula L. Taylor, granddaughter of Ms. Hall, filed a petition, CJ-2009-2452 (Pierson I), against the Hospital stating claims on their own behalf. After amending the petition severa... More...   $0 (04-13-2016 - OK)

MAXWELL v. SPRINT PCS

On February 2, 2014, Petitioner Theresa Maxwell suffered an injury to her knee while working for her Employer, Respondent Sprint PCS. She promptly notified her Employer and timely filed a CC-Form-3 with the Workers' Compensation Commission on March 18, 2014. The Employer admitted Petitioner's injury to her knee was compensable, and she had surgery to repair a tendon in her knee. Petitioner also re... More...   $0 (04-13-2016 - OK)

STATE OF NEBRASKA V. JAY A. ALLIO

The State filed an information in the district court on April 28, 2015, charging Allio in count I with first degree sexual assault of a child in violation of Neb. Rev. Stat. § 28-319.01 (Cum. Supp. 2014), a Class IB felony, and in count II with incest in violation of Neb. Rev. Stat. § 28-703 (Reissue 2008), a Class III felony.
On July 13, 2015, Allio pled no contest to both counts of the inf... More...
   $0 (04-13-2016 - NE)

State of Nebraska v. Shannon K. Bond

On January 21, 2014, Bond was charged by information in the district court for Hall County with possession of methamphetamine. In a separate information filed in the district court for Hall County on the same date, Turner was charged with possession of methamphetamine, possession of drug paraphernalia, and possession of 1 ounce or less of marijuana. Bond’s and Turner’s offenses allegedly occurred ... More...   $0 (04-13-2016 - NE)

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