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Texas Circumstantial Evidence Law

United States of America v. Kelly Robinett, Kingsley Nwanguma and Joy Ogwuegbu

Northern District of Texas Federal Courthouse - Dallas, Texas

Dallas, TX - Texas Physician and Two Texas Nurses Convicted for Roles in Home Health Care Fraud Scheme

A federal jury found one physician and two nurses guilty today of health care fraud, and one physician and one nurse guilty of conspiracy to commit health care fraud, all for their roles in a home health fraud scheme.

Acting Assistant Attorney General John P. Cronan of the Justi... More...
   $0 (06-23-2018 - TX)

Walter Jason Hanicek v. The State of Texas

Deputy Eric Becker was on patrol in Fort Bend County, Texas shortly after midnight on December 8, 2015. Deputy Becker was driving his patrol car on the highway when he swerved to avoid a head-on collision with a vehicle traveling towards him in his lane. Deputy Becker turned to follow the vehicle and activated his emergency lights; the vehicle started to pull over but “continued to slow roll on ... More...   $0 (06-16-2018 - TX)

Tommy White v. The State of Texas

In cause No. 16-CR-0488-G, White was charged with assault family violence by impeding normal breathing, see id. § 22.01; in cause No. 16-CR-0496-G, White was charged with theft of property in an amount greater than $1,500 but less than $20,000.1 See id. § 31.03. Paula Kahla2 testified that she met White in November of 2014 and that they began a relationship in January of 2015. Kahla testified th... More...   $0 (06-16-2018 - TX)

Eutimio Sanchez Jr. v. The State of Texas


On May 14, 2010, Sanchez pled guilty to the offense of indecency with a child. See id. The trial court deferred finding Sanchez guilty and placed him on probation for ten years. On March 12, 2013, the State filed a motion to adjudicate guilt. At the hearing, the State alleged that Sanchez violated the terms of his community supervision by committing a new offense of driving while intoxicated w... More...   $0 (06-16-2018 - TX)

Ex Parte Brandon Joseph Adams

In a single issue on appeal, Adams contends that the trial court erred when it denied habeas relief. Adams argues that the doctrine of collateral estoppel, as embodied in the Double Jeopardy Clause of the Fifth Amendment, bars prosecution in this cause. See U.S. CONST. amend V. The Supreme Court determined years ago that the doctrine of collateral estoppel is embodied within the Fifth Amendment... More...   $0 (06-16-2018 - TX)

Roy Michael Geisendorff v. The State of Texas

The record before us is, frankly, disturbing. We are provided both witness testimony about the events resulting in Appellant’s arrest and dash-camera stills and video records of a portion of those events. Abner Jonathan Enriquez worked as the manager’s right-hand man at the Albertsons Market Street in Odessa. On July 10, 2015, at a little after 12:00 p.m., he saw a man he identified as Appellant ... More...   $0 (06-16-2018 - TX)

Kenan Russell Schafer v. The State of Texas

The complainant, L.T., was a ten-year-old girl who lived with her mother, twin brother, and her stepfather, Appellant, in a mobile home park. Her older brother lived with them intermittently. Sometime in the spring or summer of 2012, Appellant began to tickle L.T. on her abdomen. The tickling moved to her “breast area.” On five to seven occasions, L.T. would see Appellant at her bedroom window... More...   $0 (06-16-2018 - TX)

In the Interest of J.W. and C.W., Children


Both of the briefs filed meet the requirements of Anders by presenting a
professional evaluation of the record and demonstrating why there are no arguable
grounds to be advanced on appeal. Additionally, Reuben’s attorney advised him that he
In the Interest of J.W. and C.W. Page 2

had filed the brief pursuant to Anders, that Reuben had the right to review the record and <... More...
   $0 (06-16-2018 - TX)

Roy Lee Anderson III v. The State of Texas

Ninth Court of Appeals - Texas Courts

Pursuant to plea bargain agreements, Roy Lee Anderson III pleaded guilty to
aggravated assault with a deadly weapon, possession of a controlled substance
(cocaine) with intent to deliver, and possession of a controlled substance (codeine)
with intent to deliver. In each case, the trial court found the evidence sufficient to
find Anderson guilty, but deferred further proceedings... More...
   $0 (06-16-2018 - TX)

Chadwick Smith v. The State of Texas

Ninth Court of Appeals - Texas Courts

In his motion to suppress, Smith alleged that the evidence was seized pursuant
to an “illegal stop, detention and/or arrest.” According to Smith, the stop was without
probable cause or reasonable suspicion and any evidence seized or statements made
should be suppressed as fruits of an unlawful search and seizure.
At the suppression hearing, the State conceded that there was n... More...
   $0 (06-16-2018 - TX)


Alleged Election Night Domestic Assault Has Local Attorney and Obama Fan Facing Felony Charge

Relator is an attorney practicing criminal defense work in Amarillo, Potter County,
Texas. On April 8, 2016, while acting in that capacity as retained counsel for Adoun
Phommivong, in a criminal prosecution pending in the 251st District Court, Relator was
held in contempt by the Honorable Ana E. Estevez for using language that Judge Estevez
deemed inappropriate for proper cour... More...
   $0 (06-16-2018 - TX)

Adareius Johns v. The State of Texas

Texas Court of Appeals, Seventh District

In the early morning hours of June 20, 2016, Alexander Johns, Appellant’s brother,
was awoken by someone knocking on the front door of his house. When he answered
the door, he discovered that Appellant was there seeking his help because he believed
someone had planted marihuana in his vehicle. After Alexander disposed of the
marihuana, Appellant became upset because he wanted... More...
   $0 (06-15-2018 - TX)

Eric James Veloz v. The State of Texas

The household member victim, his father, two police officers, appellant and
appellant’s mother testified at the punishment hearing. Evidence showed appellant and
the victim lived together in the same apartment. In May 2016, appellant shot the victim
three times, inflicting permanent injuries. When police officers responded, appellant
pointed the gun at them while they attemp... More...
   $0 (06-15-2018 - TX)

Marlo Detric Hollie v. The State of Texas

“The Sixth Amendment to the United States Constitution provides, in relevant part, that,
‘[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial.”‘ Nguyen v.
State, 506 S.W.3d 69, 77 (Tex. App.—Texarkana 2016, pet. ref’d) (quoting U.S. CONST. amend.
VI; Barker v. Wingo, 407 U.S. 514, 515 (1972)). “That right was made applicable to the states by <... More...
   $0 (06-15-2018 - TX)

Joe Earl Smith v. The State of Texas

In January 2017, the State indicted Smith for the offense of murder, alleging that he shot
and killed his uncle, Jack Smith.1 Two days after the incident occurred, and following a multi
state search for Smith, he admitted that he had shot Jack multiple times with a shotgun.2 At trial,
various witnesses testified to the events leading up to the shooting, and for the most part, the <... More...
   $0 (06-15-2018 - TX)

Amanda Gail Gilbert v. The State of Texas

A jury convicted Amanda Gail Gilbert of unauthorized use of a motor vehicle, a state jail
felony. See TEX. PENAL CODE ANN. § 31.07 (West 2016). After a bench trial on punishment, the
trial court found true the State’s habitual-offender allegation and sentenced Gilbert to eight years’
confinement. On appeal, Gilbert argues that the trial court erred in submitting a jury charge tha... More...
   $0 (06-15-2018 - TX)

Mark Henry Dison v. The State of Texas

A Marion County jury found Dison guilty of family violence assault by impeding the
normal breathing or circulation of blood, a third degree felony. See TEX. PENAL CODE ANN.
§ 22.01(a)(1), (b)(2)(B) (West Supp. 2017). Dison was sentenced to five years’ imprisonment and,
although indigent, was ordered to pay $400.00 in attorney’s fees. Dison appeals.
Dison’s appellate attorne... More...
   $0 (06-15-2018 - TX)

Roy Lynn Avance v. The State of Texas

In Gregg County, Avance was indicted on two counts of indecency with a child by contact.
See TEX. PENAL CODE ANN. § 21.11(a)(1) (West Supp. 2017). The indictment alleged that, on two
occasions, Avance “with the intent to arouse or gratify the sexual desire of the defendant,
engage[d] in sexual contact with . . . the complainant, by touching the genitals of the complainant,
a ... More...
   $0 (06-15-2018 - TX)

Kevin Dwayne Jefferson v. The State of Texas

Appellant pled guilty to burglary of a habitation and the trial court deferred adjudicating
guilt and placed appellant on community supervision for five years. The State later moved to
adjudicate guilt, alleging appellant violated several conditions of his community supervision. The
State filed an amended motion on June 22, and the trial court appointed counsel the next day. The ... More...
   $0 (06-15-2018 - TX)

Armando Isai Martinez v. The State of Texas

Armando Isai Martinez was charged with driving while intoxicated, second offense, a Class
A misdemeanor. The jury found Martinez guilty “as charged in the information,” and the trial court
rendered judgment accordingly. However, no evidence of a prior DWI conviction was admitted in
the guilt-innocence phase of Martinez’s trial, nor did the court’s charge make any reference to a
... More...
   $0 (06-15-2018 - TX)

Jose Ramon Cruz v. The State of Texas

5th Court of Appeals - Dallas, Texas

Dinh Ngo (“Danny”) invited friends to eat, drink beer, and socialize in his driveway.
Around midnight, a man, later identified as appellant, “came out of nowhere” and approached the
group in Danny’s driveway. Appellant asked to buy two beers and had $5 in his hand. Although
the friends declined, appellant did not leave. Danny’s brother, known as “Q,” approached
appellant by... More...
   $0 (06-15-2018 - TX)

Lloyd Ray McKinney v. The State of Texas

At trial, the complainant, Graciela P., testified that she lived with McKinney, had been in
a long-term relationship with him, and had two children with him. According to Graciela P., on
October 6, 2016 at approximately 10:00 p.m., as she and McKinney were going to bed for the
night, they got into an argument because she told him she wanted to end their relationship. Graciela
P... More...
   $0 (06-15-2018 - TX)

Terrance Antyon McKinney v. The State of Texas

Officer Christopher Hetrick and Officer Salvador Hernandez were conducting surveillance
of a motel at night while working for the problem oriented policing unit which is a unit that patrols
to find crimes in progress. The motel was a known location for narcotics activity, and Officer
Hernandez testified he previously pulled several vehicles over after they left the motel and had More...
   $0 (06-15-2018 - TX)

Richard Luis Amezquita v. The State of Texas

At approximately 4:45 p.m. on November 7, 2015, Amezquita called 9-1-1 to report he had
been assaulted. Amezquita told the 9-1-1 operator a man, later identified as O’Toole, assaulted
him and threw rocks at him and his vehicle. Amezquita related to the 9-1-1 operator that after he
approached O’Toole’s home and rang the doorbell, O’Toole “got belligerent” and yelled and
cursed... More...
   $0 (06-15-2018 - TX)

Arthur Whitley v. The State of Texas

Arthur Whitley and the murder victim, Michael, were cousins. On the night of Michael’s
murder, Whitley was living in a halfway house following his release from federal prison. The
evidence at trial established Whitley snuck out of the halfway house and was driven to an abandoned house where Michael and others were sitting outside.1 Whitley walked up to Michael
and shot him severa... More...
   $0 (06-14-2018 - TX)

Kimberly Huckaba v. Ref-Chem, L.P.

Western District of Texas Federal Courthouse - San Antonio, Texas

Kimberly Huckaba, a former employee of Ref-Chem, L.P., appeals the district court’s judgment compelling arbitration. Because the express language of the agreement at issue requires for it to be signed by both parties and because it is undisputed that Ref-Chem did not sign the agreement, we REVERSE and REMAND.
Huckaba sued her former employer, Ref-Chem, in federal district court. Ref-Che... More...
   $0 (06-11-2018 - TX)

Martha Kinard v. Dish Network Corporation

Northern District of Texas Federal Courthouse - Dallas, Texas

The Regional Director of the National Labor Relations Board sued DISH Network Corp., seeking an injunction against unilateral changes to employee wages during collective bargaining. The district court granted the injunction in part. Both DISH and the Board appealed. We AFFIRM.
DISH Network Corp. is a satellite television provider with production facilities... More...
   $0 (05-18-2018 - TX)

United States of America v. Ronald Eric Ary

Northern District of Texas Federal Courthouse - Dallas, Texas

Ronald Ary appeals his sentence following a conviction for distributing a visual depiction of a minor engaged in sexually explicit conduct. He argues that the district court erred in determining that his Texas deferred adjudications qualify as prior convictions for the purpose of 18 U.S.C. § 2252(b)(1)’s sentencing enhancement and in sentencing him to a term of imprisonment that exceeded the statu... More...   $0 (06-15-2018 - TX)

Eddie Lee Little v. The State of Texas

Little was charged by information and complaint with deadly conduct. The information
alleged Little recklessly engaged in conduct that placed Bexar County Sheriff deputy Manuel
Villareal in imminent danger of serious bodily injury by pointing a gun at Villarreal and in his
direction. Little was also charged in a separate cause with deadly conduct by pointing a gun at and
in the... More...
   $0 (06-14-2018 - TX)

Brian Fazio v. The State of Texas

Fazio and the complainant Amber Lentz were in a long-term relationship. Fazio referred
to Lentz as his wife. At the time of Lentz’s death, Fazio and Lentz were homeless and living in a
drainage tunnel. Fazio was observed pushing Lentz’s unresponsive body in a shopping cart across
the parking lot of a business located in a strip center immediately adjacent to the drainage tunnel. ... More...
   $0 (06-14-2018 - TX)

Kathleen Darleen Daniel v. The State of Texas

On July 4, 2015, Jaci Lewis and Skylar Obuch, both teenage girls, were tubing down West
Sister Creek when they encountered Daniel and an altercation transpired. By all accounts, Daniel
was under the impression that the teenagers were trespassing on her property; the girls believed
they were floating on a public waterway. Daniel pulled out her firearm and ordered the girls out
... More...
   $0 (06-14-2018 - TX)

The State of Texas v. Brandom Garrett

Third Court of Appeals, Austin, Texas

As set out above, Garrett moved to suppress evidence obtained during a traffic stop.
The traffic stop was initiated by Officer Jason Nolan, and he was the only witness during the
suppression hearing. During the hearing, Officer Nolan testified that he initiated the traffic stop
because Garrett was speeding and because Garrett was driving in the left lane without passing. See
Tex.... More...
   $0 (06-14-2018 - TX)

Bruce Wayne Suza v. The State of Texas

Suza was charged with aggravated sexual assault of L.S., a child under 14
years old, and the case proceeded to trial.
L.S., who was six years old at the time of trial, testified that about a year before
trial, when he lived with his father and his grandfather (Suza), Suza touched his
private part with Suza’s hand and mouth.1 According to L.S., this happened “a lot.”
When ... More...
   $0 (06-14-2018 - TX)

Travis Dean Wimberley v. The State of Texas

A grand jury indicted Wimberley on four counts of indecency with a child by
sexual contact, a second-degree felony, and a fifth count of indecency with a child
by sexual exposure, a third-degree felony. See TEX. PENAL CODE § 21.11(a), (d).
All counts concerned the same 14-year-old complainant.
In January 2017, the trial court held a brief status hearing. Wimberley
expr... More...
   $0 (06-14-2018 - TX)

Wilberto Arrellano v. The State of Texas

Complainant Eduviel Zarco-Ramirez went out with friends, including his
roommate Rafael Pineda, his brother-in-law Juan Estrada Gonzalez, and Juan’s
brother Apolonio. Arriving at a seafood restaurant at approximately 1:00 A.M.,
they ordered food and beer. Another group of men and women was seated at a
nearby table. Zarco-Ramirez sang karaoke as his friends sang along from their ... More...
   $0 (06-14-2018 - TX)

Derrick Bernard Gildon v. The State of Texas

On September 2, 2016, Calhoun County Deputy Sheriff Jason Ellis was dispatched to the residence shared by appellant and his ex-wife, Tracy Larese Larkins, for an assault that had taken place. Deputy Ellis testified that he photographed Larkins’s injuries. Deputy Ellis identified State’s exhibit 1 as a picture of the knife that appellant allegedly used during the assault. The knife including its... More...   $0 (06-07-2018 - TX)

Kala Hernandez v. The State of Texas

The State charged Appellant with intentionally or knowingly causing serious bodily injury to M.G., a child fourteen years of age or younger, by hitting, shaking, pulling, or jerking M.G.1 Appellant, the mother of M.G., pleaded “not guilty.” At trial, Lieutenant Lonnie Lum with the Crockett Police Department testified that, on October 10, 2015, he responded to the Houston County Medical Center (t... More...   $0 (06-07-2018 - TX)

Terry Christopher Criswell v. The State of Texas

Appellant was charged by indictment with murder. He pleaded “not guilty,” and the matter proceeded to a jury trial. At trial, the evidence showed that Appellant, Kevin Moore, and others were involved in a confrontation at a club called Lanzy’s. A few months later, both Moore and Appellant were at a club called Annie Mae’s. Around closing time, Moore was outside talking to people when Appellant ... More...   $0 (06-07-2018 - TX)

Jay Ebarb v. The State of Texas

Judge sentences Lufkin man to 40 years prison for assaulting 73-year-old mother

On August 3, 2015, Appellant was charged by indictment with obstruction. The case proceeded to a bench trial on January 26, 2017. The trial was recessed and resumed on February 24, 2017. During the recess, Appellant filed a motion to suppress alleging that officers made a warrantless arrest without probable cause and unlawfully entered his residence to make the arrest. Appellant sought to supp... More...   $0 (06-07-2018 - TX)

Shackles Duane Clark v. The State of Texas

Tenth Court of Appeals - Texas Courts

Manuel Castillo Contreras started his pickup to go to work one morning when he
realized he left his lunch in his house. Leaving the pickup running, he went back in the
house to get his lunch. Five minutes later, when Contreras returned, his pickup was gone.
Later that morning, Mary Bustillo received a call from her aunt about a pickup parked on
a lane by Mary’s home. When M... More...
   $0 (06-06-2018 - TX)

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