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Texas Circumstantial Evidence Law
 
Joseph Leo Strehl, III v. The State of Texas

Joseph Leo Strehl, III, was convicted by a jury of driving while intoxicated (DWI), third
or more, and was sentenced to eighteen years’ imprisonment. On appeal, Strehl argues that the
trial court erred in overruling his motion to suppress evidence obtained as a result of a traffic stop
and that the evidence is insufficient to establish that he was twice previously convicted of DWI,... More...
   $0 (02-09-2016 - TX)

Joe Derek Carr v. The State of Texas

Veronica Navarro, appellant’s 22-year-old fiancée, was last seen alive or heard
from by any witness on June 27, 2011. Her decomposing body was found submerged in Lake Travis
on July 6, 2011, wrapped in a Coleman tent, bound in rope, and secured to cinder blocks and
paint cans. There was no eyewitness testimony regarding how she died and ended up in the lake near
Pace Bend Park.More...
   $0 (02-09-2016 - TX)

Ismael Trevino v. The State of Texas

A jury convicted appellant Ismael Trevino of two drug offenses—possession of a
controlled substance, methamphetamine, in an amount of less than one gram and possession of a
controlled substance with intent to deliver, cocaine, in an amount of four grams or more but less than
two hundred grams—both arising out of a traffic stop. See Tex. Health & Safety Code §§ 481.115(a)
(person c... More...
   $0 (02-09-2016 - TX)

Jorge Isaac Sanchez-Marban v. The State of Texas

On September 7, 2013, Diann Christian was performing maintenance on her van, which
was parked near the fence separating the property on which she lived from Sanchez-Marban’s
property. Christian’s daughter, Shanna Lozano, joined Christian and soon thereafter, the women
saw Sanchez-Marban approach his side of the fence and pour a bottle of water over a nearby
sleeping dog. Alth... More...
   $0 (01-27-2016 - TX)

Damion Gentry v. The State of Texas

Around 3:00 a.m. on January 19, 2012, Masario Garza was driving to work
on Highway 90 in Fort Bend County. Highway 90 has four lanes, with two on
each side of the road. Garza was in the outside lane. As he approached the
intersection with FM359, Garza slowed down for a red light. Garza noticed that a
gray truck was to his left in the inside lane. The truck was being driven... More...
   $0 (01-25-2016 - TX)

William Sanchez v. The State of Texas

On October 2, 2012, at around 6 o'clock in the morning, Sanchez led police officers
on a two-and-a-half-mile car chase after fleeing a Walmart parking lot with his passenger
who had just stolen merchandise from the store. Near the end of the car chase,
Sanchez’s passenger jumped out of his car and continued to flee on foot. Sanchez
continued driving for approximately two cit... More...
   $0 (01-23-2016 - TX)

Robert J. Borden, Jr. v. The State of Texas

Robert Borden appeals from convictions for three counts of injury to a child, one
for causing bodily injury and two for causing serious bodily injury to his then two
month-old son. TEX. PEN. CODE ANN. § 22.04 (West 2011). Borden complains that the
trial court abused its discretion in the admission of testimony, erred by denying his
motion for directed verdict, erred in includi... More...
   $0 (01-23-2016 - TX)

Patrick Demon Stewart v. The State of Texas

Patrick Demon Stewart was convicted by a Freestone County jury of burglary of a building
and was sentenced to two years’ imprisonment. In his sole point of error on appeal, Stewart argues
that the evidence is legally insufficient to support the jury’s verdict.1 We disagree. Accordingly,
we affirm the trial court’s judgment. In Lucio v. State, the Texas Court of Criminal Appeals e... More...
   $0 (01-23-2016 - TX)

KINGSAIRE, INC. D/B/A KINGS AIRE, INC. v. JORGE MELENDEZ

Petitioner Kingsaire, Inc., doing business as Kings Aire, Inc. (Kings Aire), is a family-owned
heating, ventilation, and air-conditioning company in El Paso. In May 2004, Kings Aire hired Jorge
Melendez as a “helper tradesman” whose initial duties included welding frames for refrigeration
units. A few months after he was hired, Melendez transferred to the electrical department as aMore...
   $0 (12-04-2015 - TX)

Johnson v. State Of Texas

Harris was a longtime employee of a Fina Whip-In convenience store located in Garland. On Sunday, May 20, 2012, Harris opened the store at 7:00 a.m. Videotape from the store's surveillance cameras showed appellant entering the store a few minutes later, carrying a cigarette lighter and a bottle containing what was later determined to be lighter fluid.

Appellant walked around the s... More...
   $0 (11-27-2015 - TX)

Joseph Peine v. HIT Services L.P., Wood Group USA, Inc., John Wood Group PLC, Wood Group Power GP, LLC and Wood Group Management Services, Inc.

This is an appeal from an order granting a traditional motion for summary
judgment. Appellant Joseph Peine sued appellees, HIT Services, L.P., Wood
Group USA, Inc., John Wood Group PLC, Wood Group Power GP, LLC, and
Wood Group Management Services, Inc., alleging that he was wrongfully
discharged for refusing to commit a crime. Peine argues on appeal that the trial
2
court e... More...
   $0 (10-27-2015 - TX)

Jimmie Donnan v. Kimco Realty Corporation and Maurice Reynolds

Appellant Jimmie Donnan appeals from a summary judgment granted in favor of appellees Kimco Realty Corporation (Kimco) and Maurice Reynolds on her premises liability and negligence claims. On appeal, Donnan raises two issues challenging the trial court’s grant of summary judgment. We affirm.
2
I. BACKGROUND
On November 5, 2012, Donnan tripped and fell while walking on a sidewalk outsid... More...
   $0 (09-24-2015 - TX)

In the Matter of M.W. a juvenile

On January 27, 2014, the State filed a petition alleging that M.W. engaged in delinquent conduct or conduct indicating a need for supervision. M.W. pleaded “not true” to the allegations, and the matter proceeded to a jury trial.
The evidence at trial showed that M.W. was engaged in a fist fight at school with another student, J.G., when two teachers attempted to separate the girls. J.G. stoppe... More...
   $0 (09-23-2015 - TX)

In the Interest of C.C. and I.C., Children

In a consolidated hearing of two cases, the trial court terminated the parental rights of E.V.,1 to her four children, C.C., I.C., A.E., and A.E.2 By a single issue, E.V.
1 To protect the parent’s and children’s privacy, we refer to E.V. and other parties by their initials. See TEX. FAM. CODE ANN. § 109.002(d) (West 2014). See also TEX. R. APP. P. 9.8(b).
2 The parental rights of J.C., the... More...
   $0 (09-29-2015 - TX)

Joseph Stumph and Joyce Stumph v. CC-Turtle Creek, Inc., et al.

Joseph, Joyce, and Shawn Stumph appeal the trial court’s take nothing summary judgment in favor of Dallas Lemmon West, Inc. and Dallas Lemmon West, Inc. d/b/a The Loon (collectively the Loon) and CC-Turtle Creek, Inc. on their Texas Dram Shop Act and premises liability claims. In two issues, the Stumphs assert that the trial court erred when it granted summary judgment for the defendants because: ... More...   $0 (09-25-2015 - TX)

In the Interest of M.T., a child

Following a jury trial, the trial court signed a decree in which it (1) terminated the parental rights of appellant, S.T. (“Mother”), respecting two of her children, N.T. and M.T. (“the children”),1 and (2) appointed the Texas Department of Family and Protective Services (“the Department”) permanent managing conservator of the children.2 In five issues on appeal, Mother contends the evidence is le... More...   $0 (09-02-2015 - TX)

In the Interest of N.T., a child

Following a jury trial, the trial court signed a decree in which it (1) terminated the parental rights of appellant, S.T. (“Mother”), respecting two of her children, N.T. and M.T. (“the children”),1 and (2) appointed the Texas Department of Family and Protective Services (“the Department”) permanent managing conservator of the children.2 In five issues on appeal, Mother contends the evidence is le... More...   $0 (09-02-2015 - TX)

City of San Antonio and San Antonio River Authority v. Osvaldo Peralta

Appellants City of San Antonio and San Antonio River Authority were sued by Appellee Osvaldo Peralta for damages from injuries he suffered from a bicycle accident on the San Antonio River Walk. Peralta alleged Appellants’ immunity is waived under the premises defect and special defect liability provisions in the Texas Tort Claims Act. In their separate pleas to the jurisdiction, Appellants argued ... More...   $0 (09-16-2015 - TX)

Joseph Stumph and Joyce Stumph v. CC-Turtle Creek, Inc., et al.

Joseph, Joyce, and Shawn Stumph appeal the trial court’s take nothing summary judgment in favor of Dallas Lemmon West, Inc. and Dallas Lemmon West, Inc. d/b/a The Loon (collectively the Loon) and CC-Turtle Creek, Inc. on their Texas Dram Shop Act and premises liability claims. In two issues, the Stumphs assert that the trial court erred when it granted summary judgment for the defendants because: ... More...   $0 (09-25-2015 - TX)

In the Matter of M.W., a juvenile

M.W., a juvenile, appeals the trial court’s order adjudging that she engaged in delinquent conduct and placing her on community supervision for a period of ten months. In two issues, M.W. argues that the evidence is legally and factually insufficient to support the jury’s findings that she committed retaliation, and that the evidence is legally and factually insufficient to support an adverse find... More...   $0 (09-23-2015 - TX)

Jimmie Donnan v. Kimco Realty Corporation and Maurice Reynolds

Appellant Jimmie Donnan appeals from a summary judgment granted in favor of appellees Kimco Realty Corporation (Kimco) and Maurice Reynolds on her premises liability and negligence claims. On appeal, Donnan raises two issues challenging the trial court’s grant of summary judgment. We affirm.
2
I. BACKGROUND
On November 5, 2012, Donnan tripped and fell while walking on a sidewalk outsid... More...
   $0 (09-24-2015 - Tx)

In the Interest of M.K.T. and B.S.T., Minor Children

Appellant J.T., the father of M.K.T. and B.S.T., appeals from an order modifying the geographical restriction on his children’s primary residence.1 See TEX. FAM. CODE ANN. § 156.101(a)(1) (West, Westlaw through 2015 R.S.). By five issues, J.T. claims that the trial court abused its discretion in modifying the order because there had not been a
1 We use initials for the family members to protec... More...
   $0 (09-25-2015 - TX)

City of San Antonio and San Antonio River Authority v. Osvaldo Peralta

Appellants City of San Antonio and San Antonio River Authority were sued by Appellee Osvaldo Peralta for damages from injuries he suffered from a bicycle accident on the San Antonio River Walk. Peralta alleged Appellants’ immunity is waived under the premises defect and special defect liability provisions in the Texas Tort Claims Act. In their separate pleas to the jurisdiction, Appellants argued ... More...   $0 (09-16-2015 - TX)

Pelco Construction Company v. Chambers County, Texas

Pelco Construction Company filed suit against Chambers County, Texas, Kurt Amundson, and Amundson Consulting, Inc. over a construction contract. Chambers County counter-sued. The trial court granted summary judgment on liability in favor of Chambers County and Amundson Consulting on all claims in
2
the suit. The parties then proceeded to trial on Chambers County’s damages for its breach of... More...
   $0 (09-07-2015 - TX)

David Montano v. Montrose Restauant Associates, Inc.

This case concerns coffee and tipping. Two waiters sued the Houston restaurant where they worked, claiming the restaurant violated federal law by requiring them to share tips with the restaurant’s “coffeeman.” The district court granted the restaurant’s motion for summary judgment, holding that, as a matter of law, the coffeeman was an employee who customarily and regularly received tips. Because ... More...   $0 (08-28-2015 - TX)

Nicole Burton v. Freescale Semiconductor, Inc., et

Freescale is a designer and manufacturer of microchips that relies, in part, on temporary employees provided by Manpower, a staffing agency. Beginning in 2009, Burton worked for Freescale as one such “temp” employee. In 2009 and 2010, Burton received generally positive-to-neutral performance reviews. In 2011, Burton’s fortunes with Freescale turned. First, in January, she broke a wafer, the pl... More...   $0 (08-11-2015 - TX)

Wendy Schreiber v. State Farm Lloyds

In this insurance-coverage case, the trial court rendered judgment that the insured take nothing based on the jury’s verdict in favor of the insurer. The verdict included a finding that the fire that destroyed the insured’s home was intentionally caused with the insured’s prior knowledge or participation. On appeal, the insured asserts that the trial court reversibly erred in prohibiting her from ... More...   $0 (07-28-2015 - TX)

The Kroger Co. v. Christopher Milanes

Appellant, The Kroger Company, a non-subscriber to workers’
compensation insurance, appeals from a final judgment in favor of appellee
Christopher Milanes, a Kroger employee who was seriously injured while cutting
meat. In its first two issues, Kroger contends the trial court erred when it
submitted Milanes’s claim to the jury on a general negligence theory rather than a
premis... More...
   $0 (07-30-2015 - TX)

Acadia Healthcare Company, Inc.; Psychiatric Resource Partners, Inc.; Michael A. Saul; Timothy J. Palus; Peter D. Ulasewicz; Barbara H. Bayma; and John M. Piechocki v. Horizon Health Corporation

Horizon Health Corporation (Horizon) moved for a rehearing of this panel’s February 26, 2015 memorandum opinion and judgment. See Tex. R. App. P. 49.1. We grant the motion, withdraw our February 26, 2015 memorandum
2
opinion and judgment, and substitute the following. We dismiss Horizon’s motion for en banc reconsideration as moot. See Tex. Dep’t of Public Safety v. Nail, 305 S.W.3d 673, 6... More...
   $0 (07-23-2015 - TX)

In the Interest of D. L. D., Jr., L. L.S., J. J. S., H. N. S., children v. Department of Family and Protective Services

Following a bench trial, the trial court signed a judgment terminating the parent–child relationship between J.T.D. (“Mother”) and her four minor children:
2
D.L.D., L.L.S., J.J.S. and H.N.S.1 On appeal, Mother presents two issues. She claims that the evidence was not legally or factually sufficient to support the trial court’s judgment, and she alleges that the trial court engaged in misc... More...
   $0 (07-23-2015 - TX)

$201,100.00 U. S. Currency v. The State of Texas

The State initiated forfeiture proceedings to seize $201,100 in United States currency from James Harold Leonard, Nicosa Desha Kane, and Lisa Olivia Leonard (“appellants”). The trial court found that: (1) appellants were the “possessors and/or owners” of the $201,100; (2) the $201,100.00 is contraband; and (3) “[a] substantial connection exists between the $201,100.00 and criminal activity defined... More...   $0 (07-16-2015 - TX)

In the Interest of K.N.M.M., a Child

Appellant, L.N.W.B., is the mother of the child K.N.M.M.1 and had her parental rights to K.N.M.M. terminated by final judgment of the trial court on the 20th day of February, 2015. L.N.W.B. has appealed, contending that the evidence is insufficient to find by clear and convincing evidence any of the predicate acts alleged by the Department of Family and Protective Services or, that termination of ... More...   $0 (07-13-2015 - TX)

In the Interest of L.L.W., S.Y.W. and L.D.L., children

Appellant mother (“Mother”) appeals from a trial court’s order terminating her parental rights. The Texas Department of Family and Protective Services (“the Department”) moved to terminate Mother’s parental rights on numerous grounds. See TEX. FAM. CODE ANN. §§ 161.001(A)–(G), (I)–(K), (N)–(R), 161.003 (West 2014). After a hearing, the trial court found Mother’s parental rights should be terminate... More...   $0 (07-15-2015 - TX)

Art Reyna v. Irene Baldridge and Kathy Hill

Appellant Art Reyna was sued by Appellees Irene Baldridge and Kathy Hill for libel per se based on a printed campaign advertisement distributed shortly before a Leon Valley City Council election in May 2013. Reyna moved to dismiss Appellees’ suit under the Texas Citizens Participation Act (TCPA), but the trial court denied his motion, and he filed this interlocutory appeal. Because Appellees estab... More...   $0 (07-15-2015 - TX)

James L. Janes, Sam Britton Pyland, Jr. as Independent Executor of the Estate of Lucy Pyland, Deceased, and Dennis Spence Janes as Independent Executor of the Estate of Woodrow Wilson Janes, Deceased v. Mary Adams as Independent Executor of the Estate of Bettie Maxey, Deceased

James L. Janes, Sam Britton Pyland, Jr. as Independent Executor of the Estate of Lucy Pyland, Deceased, and Dennis Spence Janes as Independent Executor of the Estate of Woodrow Wilson Janes, Deceased appeal from a denial of their contest of the will of Bettie Maxey, who had passed away in 2011. The appellants complain that the evidence
Janes v. Adams Page 2
was legally and factually insuff... More...
   $0 (07-09-2015 - TX)

In the Interest of Z.R.M., child

Marla appeals the trial court’s order terminating her parental rights to her child, Ryan, arguing that the evidence was legally and factually insufficient to support a finding that termination was in the child’s best interest.1 We affirm.
BACKGROUND
The Texas Department of Family Services became involved in this case in November 2013, after receiving a neglectful supervision referral about... More...
   $0 (07-08-2015 - TX)

In the Interest of LG, a child

Appellant mother (“Mother”) appeals the trial court’s order terminating her parental rights to her child, L.G. Mother does not challenge the sufficiency of the evidence to support the trial court’s findings under section 161.001(1) of the Texas Family Code (“the Code”), but contends the evidence is legally and factually insufficient to support the trial court’s finding that termination was in the ... More...   $0 (07-08-2015 - TX)

Bexar County v. Leticia Votion

Appellant Bexar County was sued by Leticia Votion for injuries she suffered when she allegedly tripped and fell in a Bexar County facility. Bexar County filed a plea to the jurisdiction, but it was denied. In this interlocutory appeal, Bexar County argues the trial court erred because, under the Texas Tort Claims Act (TTCA), it conclusively established it did not timely receive notice of the claim... More...   $0 (05-20-2015 - TX)

In the Int of MC, MC, MC, MC, and MC, Children

Appellant father (“Father”) and appellant mother (“Mother”) separately appeal the trial court’s order terminating their parental rights to their five children. On appeal, neither parent challenges the sufficiency of the evidence to support the trial court’s findings relating to the statutory grounds for termination. Rather, both contend the evidence is legally and factually insufficien... More...   $0 (05-18-2015 - TX)

In the Interest of J.R. and T.R.

Appellant father (“Father”) and appellant mother (“Mother”) separately appeal the trial court’s order terminating their parental rights to their children, J.R. and T.R. On appeal, neither Father nor Mother challenge the sufficiency of the evidence to support the trial court’s findings under section 161.001(1) of the Texas Family Code. Rather, Father raises a single issue contending his... More...   $0 (05-06-2015 - TX)

 
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