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Texas Circumstantial Evidence Law

United States of America v. Karen D'Onofrio v. Vacation Publications, Inc. d/b/a Vacations To Go

Southern District of Texas Courthouse - Houston, Texas

In this employment dispute, Karen D’Onofrio sued her former employer,
Vacations to Go (“VTG” or “Vacation”), a division of Vacation Publications, Inc.,
the largest seller of ocean-going cruises in the world, for interfering with her
rights under the Family Medical Leave Act. Vacation counter sued, alleging
that Karen and her husband, Michael D’Onofrio, breached Karen’s covenant
... More...
   $0 (04-24-2018 - TX)

Ramiro Aguilar v. The State of Texas


Ramiro filed a motion to suppress the evidence and the trial court conducted a pretrial
hearing. The trial court denied the motion to suppress and issued findings of facts and conclusions
of law.
Suppression Hearing
Dallas Police Officer Christopher Cooley testified that on January 26, 2013, at
approximately 3:00 a.m., he conducted a traffic stop on an unregistered ve... More...
   $0 (04-24-2018 - TX)

Jesus Jose Herrera v. The State of Texas

Appellant and J.B. cohabitated. J.B. had a daughter while appellant had two
daughters. Each child lived with him and J.B. Eventually, the relationship between J.B.
and appellant ended. Thereafter, all three children accused appellant of sexual abuse.
Though he denied it when interrogated by an investigating officer and his two children
later may have vacillated on whether ... More...
   $0 (04-24-2018 - TX)

Roderick Dunan v. The State of Texas

As set out above, Dunan was charged with robbing Brodhead. During the trial,
Brodhead, Dunan, and Dr. John Fabian were called to the stand to testify. In addition, various audio
and video recordings were admitted into evidence and played for the district court.
After being called to the stand to discuss the events in question, Brodhead explained
that she saw Dunan in the parking ... More...
   $0 (04-24-2018 - TX)

Davin Scott McIntyre aka David Scott McIntyre v. The State of Texas

One evening in May 2016, McIntyre walked into a convenience store at a
Granbury gas station and attempted to buy beer. The store’s clerk, Heather
Longest, noticed that McIntyre smelled like alcohol, and because she believed
that he “shouldn’t be drinking anymore,” she refused to sell him the beer.
McIntyre asked her where he could cash a check, and “it took [her] three times ... More...
   $0 (04-24-2018 - TX)

George Matthew Sapp v. The State of Texas

Sapp lived with his common-law wife Priscilla2 and their three daughters:
Emily, who was seven years old; Brooke, who was six years old; and Allison,
who was five years old. While attending church, Sapp and Priscilla met a
nineteen-year-old woman named Dusti who told them that she was having some
problems at home, and they allowed her to move in with them.
Shortly afte... More...
   $0 (04-24-2018 - TX)

Christopher Troy Cartwright v. The State of Texas

Corporal Dalton Rosenbaum of the Arlington Police Department testified
that on September 23, 2015, while he was working as a patrol officer, he saw a
motorcycle parked in a residential front yard. According to Corporal Rosenbaum,
parking a motorcycle in that manner violated a city ordinance. Corporal
Rosenbaum did not recall that particular resident owning a motorcycle, but he ... More...
   $0 (04-23-2018 - TX)

Serena Nicole Farris v. The State of Texas

One day in February 2016, Arlington police officers Andrea Davis and
Charles Cisneros received a tip that Farris had an outstanding arrest warrant,
that she was likely possessing drugs or drug paraphernalia, and that she could
be found at Don’s Total Car Care. The officers confirmed that she had a warrant
and went to Don’s Total Car Care to arrest her. When they arrived, they... More...
   $0 (04-23-2018 - TX)

Jackie Wade Herrell Jr v. The State of Texas

On May 1, 2003, Herrell was convicted of sexual assault of a child under
seventeen years of age and sentenced to two years’ confinement. See Tex.
Penal Code Ann. § 22.011(a)(2)(A) (West Supp. 2017). As a result of that
conviction, he was required to register as a sex offender after his release. See
Tex. Code Crim. Proc. Ann. arts. 62.001(5)(A), 62.051(a) (West Supp. 2017). ... More...
   $0 (04-23-2018 - TX)

Erlis Joseph Chaisson v. The State of Texas

Chaisson was charged by indictment with five counts of aggravated assault of a
child and ten counts of indecency with a child by contact. See id. §§ 21.021, 22.11. Prior
to trial, the State waived several counts, leaving one count of aggravated assault of a
child and four counts of indecency with a child by contact. At the close of the State’s
case, appellant’s motion for di... More...
   $0 (04-20-2018 - TX)

Andrew Michael Psyk v. The State of Texas

At around 6:00 a.m. on the morning of October 20, 2013, at least two
witnesses contacted 911 after observing a dark SUV driving erratically on Interstate
59 northbound. One witness stayed on the phone with the 911 operator and followed
behind the vehicle until a state trooper arrived on the scene.
When the trooper located the vehicle, he followed it for a short period of time ... More...
   $0 (04-19-2018 - TX)

Truitt Russell Cook v. The State of Texas

Appellant does not challenge the sufficiency of the evidence so we will mention
only so much of the background facts as necessary for our disposition of his issues. On
February 12, 2015, appellant and Tianna Insall robbed the A1 Smoke Shop in rural
Tarrant County. They wore dark glasses and bandannas. Appellant carried what the two
store employees called “a gun.” Once insid... More...
   $0 (04-19-2018 - TX)

Bruce Ray Blackwell v. The State of Texas

At around 2:00 a.m. on July 20, 2015, Gillespie County Sheriff’s Deputies Justin Cole and
Johnny Gorden (jointly, the “deputies”) observed a truck towing a trailer turn onto a county road
04-17-00406-CR & 04-17-00407-CR

- 2 -

at a high rate of speed. The deputies followed the truck and found it pulled over on the side of the
road. The deputies observed Bl... More...
   $0 (04-19-2018 - TX)

Salvador Zarate v. The State of Texas

The State’s first witness was Starr County Sheriff’s Officer Justin Falcon. Officer Falcon
testified that he was working in the jail, on December 24, 2014, when he received a call from
Justice of the Peace Salvador Zarate Jr. instructing him to reduce the bonds for both Daisy Rich
and Harry Rich from $30,000.00 each to $5,000.00 each. Officer Falcon explained that although
it... More...
   $0 (04-19-2018 - TX)

Samuel Hal Wade v. The State of Texas

65 Years: Judge Goodwin Drops the Hammer on Sex Offender By Revoking Probation

Appellant Samuel Hal Wade was placed on deferred adjudication community
supervision after he pled guilty to three counts of aggravated sexual assault of a child for sexual
abuse perpetrated against his two biological daughters. See Tex. Penal Code § 22.021(a)(1)(B),
(2)(B); Tex. Code Crim. Proc. art. 42A.101. Subsequently, the trial court granted the State’s 1
motions to adjudica... More...
   $0 (04-18-2018 - TX)

Neal Everett Bland v. The State of Texas

On the morning of December 21, 2012, Godwin Mathew picked up Joshua
Woods so they could go to Willowbrook Mall and purchase several pairs of limited
release Air Jordan Retro 11 shoes. After they made their purchases and were exiting
the mall, a young man approached them and asked to buy one of their pairs of shoes.
Mathew quoted a price but the man declined to buy them. When... More...
   $0 (04-18-2018 - TX)

Milton Rolando Paz v. The State of Texas

In February 2011, Appellant was the father to two young children, a thirteen
month-old girl and a one-month-old girl. During that month, Appellant’s wife had
to leave town for work. A friend agreed to care for the infant while the wife was
away. The wife’s work trip got extended. The friend caring for the infant had to
return her to Appellant because the friend also had to g... More...
   $0 (04-18-2018 - TX)

Laura Perilla-Vargas v. Baylor College of Medicine and Shafeeq Sheikh, M.D.

First District Court of Appeals of Texas - Houston, Texas

Appellant Laura Perilla-Vargas sued Baylor College of Medicine and Baylor resident Shafeeq Sheikh, M.D. alleging that she was sexually assaulted by Sheikh while she was a patient at Ben Taub General Hospital. Perilla-Vargas and her
counsel elected to file this lawsuit against both Sheikh (the individual employee) and the Baylor (the government employer).
Baylor filed a motion to dism... More...
   $0 (04-10-2018 - TX)

Cheryl Currid v. Coit Cleaning & Restoration Services

First District Court of Appeals of Texas - Houston, Texas

This is an appeal from a reformed decree of divorce and property division rendered after a bench trial. In his first, second, and third issues, appellant, Troy Lee Christensen, argues that the trial court abused its discretion by dividing the marital property between appellee, Christina Christensen, and himself because the division
was not a fair and equitable apportionment of the commun... More...
   $0 (04-12-2018 - TX)

Cheryl Currid v. Coit Cleaning & Restoration Services

First District Court of Appeals of Texas - Houston, Texas

Appellant, Cheryl Currid, appeals from the trial court’s summary judgment in favor of appellee, Coit Cleaning and Restoration Services (“Coit”), on Coit’s suit on a sworn account1 and alternative claims for breach of contract, quantum meruit, and
1 See TEX. R. CIV. P. 185.
unjust enrichment. In two issues, Currid contends that the trial court erred in not compelling the parties to ar... More...
   $0 (04-17-2018 - TX)

James Allan Burg II v. The State of Texas

Court of Appeals Ninth District of Texas at Beaumont

Texas State Trooper Matthew Cline stopped Burg late one night when Burg
was driving on the interstate with his high beam lights against oncoming traffic.
Patrolling with Trooper Cline—who was nearing the completion of his field
training—was Texas State Trooper Richard Hazenberg, Trooper Cline’s field
training supervisor. Trooper Cline’s patrol vehicle was equipped with a dash c... More...
   $0 (04-15-2018 - TX)

Robert Alan Hawkins v. The State of Texas

Robert Alan Hawkins was charged by indictment with the offense of retaliation. The
Honorable Eddie Northcutt, trial judge for the 8th Judicial District Court, was named as the victim
in the case. He also impaneled the grand jury that returned the indictment against Hawkins.
Following a jury trial, Hawkins was found guilty of the charged offense and sentenced to five
years’ i... More...
   $0 (04-15-2018 - TX)

United States of America v. Stephen E. Stockman

Southern District of Texas Courthouse - Houston, Texas

Houston, TX - Houston Jury Convicts Former U.S. Congressman

A federal jury convicted former U.S. Representative Stephen E. Stockman for orchestrating a scheme to steal hundreds of thousands of dollars from charitable foundations and the individuals who ran those foundations to illegally finance Stockman’s campaigns for public office and to pay for his and others’ personal expenses. U.S. ... More...
   $0 (04-13-2018 - TX)

Adrian Jerome Parker v. The State of Texas

Adrian Jerome Parker rendered his open guilty plea to the trial court in Gregg County, on
all four counts of the indictment against him, and pled true to a sentence-enhancement allegation.
The trial court found Parker guilty of all four charges, found the enhancement allegation true, and
sentenced Parker to forty-five years’ imprisonment on each of Count I (engaging in organized More...
   $0 (04-15-2018 - TX)

United States of America v. Darius Fields

Northern District of Texas Federal Courthouse - Dallas, Texas

Dallas, TX - Federal Jury Convicts Man on Firearm Offenses

Darius Fields, 27, of Dallas, Texas was found guilty Wednesday following a three-day trial before Chief U.S. District Judge Barbara M.G. Lynn for aiding and abetting the false statement to a federally licensed firearms dealer to acquire a firearm, commonly called “lying-and-buying” or making a “straw purchase.”

Fields wa... More...
   $0 (04-13-2018 - TX)

Ex parte Bryan Christopher Everage

Appellant Bryan Christopher Everage is charged in three cause numbers with evading
arrest with a vehicle, aggravated robbery with a deadly weapon, and aggravated assault on a public
servant. The trial court set bail at $7,500 on the evading-arrest charge in cause number
17-1384-K26; $500,000 on the aggravated-robbery charge in cause number 17-1385-K26; and
$500,000 on the aggravat... More...
   $0 (04-15-2018 - TX)

Mark Lyn Broadaway v. The State of Texas

Appellant was arrested on October 18, 2014, for misdemeanor driving while
intoxicated. The following day, appellant requested a court-appointed attorney and provided an
affidavit of indigence. On the form affidavit, appellant swore that he was “self employed (side
jobs),” that his monthly income was $600, and that he had “available” cash of $500 and $1,200, and
that he had “$4,00... More...
   $0 (04-14-2018 - TX)

Monica Nicole Ford v. The State of Texas

Appellant was charged by indictment with aggravated assault with a deadly weapon. Pursuant to a plea bargain agreement with the State, Appellant pleaded “guilty” to the offense, and after deferring a finding of guilt, the trial court placed Appellant on community supervision for eight years. As a condition of Appellant’s community supervision, the trial court ordered that she pay $6,790.75 in re... More...   $0 (04-13-2018 - TX)

Jonathan David Moore v. The State of Texas

On June 20, 2016, Appellant presented a check to be cashed at a Tyler branch of Austin Bank. The check was a temporary check from his father David Moore’s (Mr. Moore) account with Austin Bank in Jacksonville. When Appellant presented the check to the bank teller, the bank’s system alerted the teller to compare the signature on the check with the signature on file. Mr. Moore previously contacted... More...   $0 (04-13-2018 - TX)

Larry Paul McLeod v. The State of Texas

Margie Wurm stored several items in a unit of a U-Haul storage building in Smith County, Texas. Wurm installed a padlock on the door of her unit to protect her belongings. UHaul monitored the area through the use of both staff and video. Wurm did not provide consent to anyone to enter her unit or to take her belongings from it. Despite these precautions, someone broke into Wurm’s storage unit... More...   $0 (04-12-2018 - TX)

IBradley Vencent Cheeks v. The State of Texas

Registered Sex Offender

On June 28, 2016, Tyler Police Department Officer Ben Jordan, while on patrol, observed a vehicle with an expired registration sticker and initiated a traffic stop. Appellant was the owner and driver of the vehicle. Brenton Coe was the passenger. Officer Jordan noticed that Appellant and Coe acted nervously, and asked Appellant for consent to search the vehicle, to which Appellant replied in th... More...   $0 (04-12-2018 - TX)

Jimmy Lee Garcia v. The State of Texas


Jimmy Lee Garcia was convicted of possession of a controlled substance and, after
the jury found two enhancement paragraphs to be true, was sentenced to life in prison.
See TEX. HEALTH & SAFETY CODE ANN. § 481.115(c) (West 2017). Because the evidence was
sufficient to prove Garcia possessed methamphetamine, the trial court conducted a
sufficient inquiry into the reasonablenes... More...
   $0 (04-12-2018 - TX)

Santos Victor Ruiz, Jr. v. The State of Texas

In his first issue, Ruiz contends that the trial court abused its discretion by denying
his motion for continuance “sought due to the State belatedly providing a wealth of
information concerning the charged offense and various extraneous offenses allegedly
committed by Ruiz.” We disagree.
Where denial of a continuance has resulted in representation by counsel who was not prepa... More...
   $0 (04-12-2018 - TX)

Troy Michael Robino v. The State of Texas

When George Dubson attempted to pay for his order with a counterfeit twenty-dollar bill
at a fast-food restaurant in Kilgore, police were alerted. While responding to the police dispatch,
Sergeant Vance Callahan of the Kilgore Police Department stopped an automobile matching the
description of the one occupied by Dubson a short distance from the restaurant. Callahan identified More...
   $0 (04-12-2018 - TX)

Jud Waymond Smith v. The State of Texas

On February 14, 2015, Smith was arrested for the offense of driving while intoxicated
(DWI).1 During the drive to the Upshur County Jail, Smith was extremely belligerent toward the
arresting officer, Brandon Love. Smith argued continuously with Love, and he repeatedly stated
that he did not have to listen to anything Love was explaining to him. When Love asked Smith if
he wo... More...
   $0 (04-12-2018 - TX)

Terrell Bush v. The State of Texas

Bush was charged with five counts of aggravated sexual assault of a child; however,
pursuant to an agreement with the State, Bush pled guilty to two counts of sexual assault. At a hearing on September 22, 2014,1 after admonishing Bush and hearing his plea, the trial court found
Bush’s plea was made freely, intelligently, knowingly, and voluntarily. Based on the evidence
introduced... More...
   $0 (04-12-2018 - TX)

Randale Wayne Portis v. The State of Texas

In December 2016, appellant’s parole officer, Honee Sommers, was working with appellant to find a place for him to stay after he was released from jail. Initially, appellant was to stay with the complainant, Thomas Rhodes, at a house located at 306 North 4th Street in Temple, Texas (the Property), but Rhodes contacted Sommers and told her that he did not want appellant to reside there. Sommers inf... More...   $0 (04-10-2018 - TX)

Daniel Antonio Ferrer v. The State of Texas

On May 23, 2015, complainant Francisco Capetillo-Medina was shot to death in broad daylight in front of a convenience store. Investigating officers were able to obtain surveillance video of the shooting, but the investigation stalled until investigators received a Crime Stoppers tip implicating appellant. Appellant was subsequently charged with the offense of murder pursuant to section 19.02 of ... More...   $0 (04-10-2018 - TX)

Adolfo Ybarra v. The State of Texas

Appellant was indicted for failure to register as a sex offender. In early 2017,
appellant expressed to the trial court his desire to waive trial by jury and to proceed to
trial before the bench. Shortly thereafter, the court set the matter for trial. Appellant was
admonished of his right to trial by jury and, over the advice of counsel, chose to waive his
right. Appellant’... More...
   $0 (04-10-2018 - TX)

James Arthur Baxley v. The State of Texas

James Arthur Baxley appeals his conviction for driving while intoxicated (DWI), third
offense.1 Baxley argues that, because the judgment of conviction for one of the predicate DWI
convictions in this case fails to identify defense counsel and fails to allocate an attorney’s fee for
appointed counsel, it establishes that he was not represented by counsel. Baxley reasons that,
... More...
   $0 (04-10-2018 - TX)

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