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Texas False Imprisonment Law

Jeffrey Chase Appleby v. The State of Texas

Jeffrey Chase Appleby appeals his conviction for aggravated assault involving family
violence and causing serious bodily injury with a deadly weapon. The trial court assessed
punishment at twenty-five years’ imprisonment. In a single issue, appellant contends the
sentence constitutes cruel and unusual punishment. We affirm the trial court’s judgment.
Appellant waived a jury ... More...
   $0 (12-09-2017 - TX)

Connie Sue Cason v. The State of Texas

Garland Woman Sentenced To 15 Years In Deaths Of Lucas Couple

The indictment in this case alleged in part that on August 25, 2013, appellant recklessly
caused the deaths of two individuals, Dale and Laura Thomas, by striking a motor vehicle
operated by Dale Thomas and occupied by Laura Thomas. Specifically, the indictment stated
appellant acted by (1) “operating a motor vehicle and by failing to maintain a single lane,” (2)
“ope... More...
   $0 (12-09-2017 - TX)

Carl Wade Bailes v. The State of Texas

San Antonio man already serving 135 years for child porn gets life sentences for sex assault of two children

On October 4, 2012, the complainant made an outcry to her mother (Mother) against Bailes.
The complainant related to Mother that Bailes began engaging in sexual acts with the complainant
when she was five years’ old; at the time of the outcry, the complainant was sixteen years’ old.
Over the years, the sexual acts progressed from oral sexual acts to anal penetration to vaginal More...
   $0 (12-09-2017 - TX)

Harold Dewayne Ferguson v. The State of Texas

100 mph chase yields life sentence for habitual offender

In his first issue, Ferguson argues the trial court’s failure to hold a hearing
on his motion for new trial was reversible error. As his sole ground for relief in
his motion for new trial, Ferguson alleged that his trial attorney “did not call
character witnesses on [his] behalf at the punishment trial in this case.”
Ferguson supported this allegation with his affidavit, in w... More...
   $0 (12-09-2017 - TX)

United States of America v. Brian David Haney and Kevin Michael Gray

Western District of Texas Federal Courthouse - Austin, Texas

Austin, TX - Vidor, TX, and Houston Area Pharmacists Sentenced to Federal Prison on Bribery and Tax Charges in Connection with Health Care Fraud Scheme

In Austin on December 1, 2017, a federal judge sentenced Brian David Haney, 38-year-old partial owner of Vidor Pharmacy and Kevin Michael Gray, 45-year-old operator of Family Pharmacy, Inc., in the Houston area, each to 28 months in federa... More...
   $0 (12-05-2017 - TX)

United States of America v. Oscar Cantalicio Ortiz

Southern District of Texas Courthouse - Houston, Texas

Houston, TX - Suburban Man Convicted in Second Federal Case

A 54-year-old Kingwood man has entered a guilty plea to failing to appear in federal court for his conviction related to a Houston-area mortgage fraud scheme.

Oscar Cantalicio Ortiz was previously convicted of conspiring to commit bank, mail and wire fraud. He had been permitted to remain on bond pending his sentencin... More...
   $0 (12-05-2017 - TX)

United States of America ex rel. Suzanne Scott, et al. v. Pine Creek Medical Center, LLC

Northern District of Texas Federal Courthouse - Dallas, Texas

Dallas, TX - Dallas-Based Physician-Owned Hospital to Pay $7.5 Million to Settle Allegations of Paying Kickbacks to Physicians in Exchange for Surgical Referrals

Pine Creek Medical Center LLC (“Pine Creek”), a physician-owned hospital serving the Dallas/Fort Worth area, agreed to pay $7.5 million to resolve claims that it violated the False Claims Act by paying physicians kickbacks in the... More...
   $7500000 (12-05-2017 - TX)

Lorenzo Tyrell Marshall v. The State of Texas

Third Court of Appeals, Austin, Texas

The jury heard evidence that on the night of December 6, 2014, Marshall assaulted
his girlfriend, Carlissa Brooks, who was then eight months’ pregnant. Brooks testified that on the 2
night in question, she was inside her apartment talking on the phone when Marshall knocked on her
back door, “pushed the door open” after Brooks had “opened the door like a crack,” demanded to
know wi... More...
   $0 (12-04-2017 - TX)

The State of Texas v. Dennis Davis

Third Court of Appeals, Austin, Texas

Our speedy-trial analysis occurs in the context of a long procedural history
encompassing Davis’s indictment, jury trial resulting in a judgment of his guilt, reversal by the court
of appeals, review by the Court of Criminal Appeals, remand to the district court, and his indictment
being set aside. The facts of the underlying case are set forth in this Court’s 2013 opinion:
Natali... More...
   $0 (12-04-2017 - TX)

Carlos Santos Valdez v. The State of Texas

Taser used to take down naked man in Cameron

Under two separate indictments, Carlos Santos Valdez was charged with unlawful
possession of a firearm by a felon and with possession of a controlled substance (phencyclidine)
in an amount between 4 and 200 grams. See Tex. Penal Code § 46.04(a), (e) (setting out elements
of offense of unlawful possession of firearm and stating that offense is third-degree felony); Tex.
Health & Sa... More...
   $0 (12-04-2017 - TX)

Edward Ray Taylor, Jr. v. The State of Texas


A jury convicted Edward Ray Taylor Jr. of two offenses—continuous
sexual abuse of a child and indecency with a child—and assessed his
punishments at 60 years’ and 20 years’ confinement respectively. Taylor raises
three points on appeal. First, he contends that the trial court erred by not
admitting a complainant’s allegedly false outcry against another alleged
... More...
   $0 (12-04-2017 - TX)

Brian Rye Hammons v. The State of Texas

Suspect in Whitehouse car chase identified

Appellant was charged by indictment with evading arrest or detention with a vehicle. Appellant pleaded “guilty” to the offense, “true” to a deadly weapon allegation, and “true” to two felony enhancement allegations. After a sentencing hearing, the trial court assessed his punishment at imprisonment for life. This appeal followed.

   $0 (11-30-2017 - TX)

Ronald Eugene Reynolds v. The State of Texas

Ronald Eugene Reynolds - Registered Sex Offender

Robert Valdez, and his ex-wife, Crystal Valdez, ran a scheme that we can only hope is a
rarity in personal injury litigation. Robert had Crystal scour the Houston Police Department’s
website for recent traffic accidents, and then obtain the corresponding police accident reports. The

2 We parse the language only in re... More...
   $0 (11-30-2017 - TX)

Toby Jay Mayes v. The State of Texas

Armed sexual assailant sentenced to life in prison

The complainant in this case was a twenty-three year old male at the time of the
offense. Although the complainant is an adult, he is mentally slow and still lived at
home with his parents because he was unable to provide for himself. The complainant
obtained a “middle school level” of education.
Appellant and the complainant became acquainted through contact at the bicycle <... More...
   $0 (11-30-2017 - TX)

Margaret Faye Litchfield v. The State of Texas

The widow of a Coryell County man who was murdered in January 1999 has been charged with murder.

The bloody and lifeless body of Raymond Litchfield was found in his Copperas County1
home in 1999. In an attempt to find his murderer, investigators interviewed his widow, Margaret
Faye Litchfield, along with family, friends, and neighbors. Due to the initial lack of evidence
pointing to a particular person as perpetrator, the investigation of Raymond’s death was declared
a c... More...
   $0 (11-30-2017 - TX)

Amber Rae Melton v. The State of Texas

Amber Melton indicted for murder of Robert Younger

While the record does not detail exactly how Robert Younger died, it is clear enough that,
on July 20, 2014, the day Younger was to celebrate his sixty-ninth wedding anniversary, his
lifeless, bruised body was found in a Greenville cemetery and that, later, Younger’s Santa Fe SUV
was found in the possession of Amber Rae Melton. Melton eventually admitted to having been in
the ... More...
   $0 (11-30-2017 - TX)

Thomas Breyfogle v. The State of Texas

Texas Fifth Court of Appeals, Dallas Texas

On June 19, 2016, Officer Thomas Berrettini of the Grand Prairie Police Department saw
a white Ford Focus hatchback driven by Breyfogole change lanes with its turn signal on but no
illuminated taillights. Officer Berrettini knew the absence of functioning taillights was a
violation of section 547.322 of the Texas Transportation Code,1 and initiated a traffic stop.
Up... More...
   $0 (11-30-2017 - TX)

Willie Renard Anderson v. The State of Texas

Texas Fifth Court of Appeals, Dallas Texas

Katherine Dunn was assaulted on December 6, 2014, in the trailer she lived in on
Murdock Road. Following the assault, Dunn knocked on the door of a house down the street
from the trailer, and the neighbor called 911. The neighbor relayed to Dunn questions posed by
the 911 operator about what had occurred, and Dunn responded that she had been stabbed and
“some black guy” beat ... More...
   $0 (11-30-2017 - TX)

Mark Booker v. The State of Texas

Man convicted of manslaughter in fatal punch outside strip club

Appellant Mark Booker was convicted of manslaughter, a second-degree felony.
See TEX. PENAL CODE ANN. § 19.04 (West, Westlaw through 2017 R.S.). By one issue,
Booker argues that there was legally insufficient evidence to support his conviction for
manslaughter. According to video surveillance, on November 6, 2013, Booker was at the
Cheetah’s nightclub in Corpus Christi. Jeff... More...
   $0 (11-28-2017 - TX)

Edgar Garces Diaz v. The State of Texas

Life in prison for man who killed Harlingen woman

Diaz was charged by a four-court indictment of: (1) the murder of Mayra Oyervides
with a firearm; (2) the aggravated assault with a deadly weapon of Leonel Garcia; (3) the
murder of Oyervides by committing an act clearly dangerous to human life; and (4) the
capital murder of Oyervides by retaliation. See id. §§ 19.02, 22.02, 19.03 (West, Westlaw
through 2017 1st C.S.).1
... More...
   $0 (11-28-2017 - TX)

Ebeneser Benny Morones v. The State of Texas

Houston Tango Blast prison gang member sentenced to life after violent local pursuit

Officer Robert Rodriguez, who formerly worked for the Woodbranch Police
Department, testified that he observed a white Cadillac traveling at a high rate of
speed on the highway. Rodriguez activated his patrol vehicle’s lights and siren and
began following the vehicle. Rodriguez realized that the driver was attempting to get
away, and Rodriguez called dispatch and provided the v... More...
   $0 (11-27-2017 - TX)

Melvin Spikes III v. The State of Texas

At the time of his death in June 2012, Emerson Franklin was a seventy-six
year old deacon and treasurer for his local church. He was also a carpenter by trade,
and had been working for several years for Charlie Jones, also a member of
Franklin’s church. A few months prior to Franklin’s murder, Jones discussed with
Franklin that they needed extra help on a particular house they ... More...
   $0 (11-26-2017 - TX)

Rickey Darrell Miller v. State of Texas

Court of Appeals Fifth District of Texas at Dallas

Miller’s eight-year-old granddaughter, N.S., made an outcry to her school counselor that
Miller had sexually abused her. N.S. provided more details of two assaults in a subsequent
forensic interview at the Dallas Children’s Advocacy Center. N.S., who was ten years old at the
time of trial, testified about two incidents during which Miller sexually abused her. Miller also
tes... More...
   $0 (11-26-2017 - TX)

The State of Texas v. Nathan A. Marks

Tim Curry Criminal Justice Center - Fort Worth, Texas

The police arrested Marks on October 18, 2014, for driving while
intoxicated, enhanced by a previous DWI conviction, a class A misdemeanor.
See Tex. Penal Code Ann. § 49.09(a) (West Supp. 2016). Marks was released
on a surety bond the same day.
More than six months passed before the State filed, on May 4, 2015, an
information formally charging Marks for... More...
   $0 (11-25-2017 - TX)

Donald Ray Shivers Jr. v. The State of Texas

Shivers to serve three life sentences for sexual assault of girl, 5

Shivers dated Megan2 off and on for thirteen years. Together they had a
child, Vanessa. When Vanessa was seven, she told Megan that Shivers had
made her perform oral sex on him. Megan confronted Shivers, and although he
initially denied the abuse, he eventually admitted it to her.
Megan took Vanessa to Patsy’s House Children’s Advocacy Center where
Vanessa made a detai... More...
   $0 (11-25-2017 - TX)

Barry Anthony Willis, Jr. v. The State of Texas

Amarillo man sentenced to 15 years for money laundering

In the midafternoon of July 5, 2014, the vehicle in which Appellant was
riding as a passenger was pulled over by Trooper Ronald Nelson for speeding.2
Trooper Nelson testified that, as he approached the vehicle, he detected the odor
of marijuana.3 When the driver, Alexia Gonzalez, admitted that she did not have
a driver’s license, Trooper Nelson asked her to exit the vehicle. ... More...
   $0 (11-25-2017 - TX)

Ricky Lynn Ellis v. The State of Texas

Appellant was driving his Jeep northbound on Rio Grande Boulevard in
Euless, Texas when Officer David Chaney, a police officer for the City of Euless,
stopped Appellant solely because the patrol car’s computer indicated that liability
insurance on the Jeep was “unconfirmed.” Ultimately, Officer Chaney
determined that Appellant had committed DWI and arrested him. Appellant fil... More...
   $0 (11-25-2017 - TX)

Carey Deshawn Forris-Clemons v. The State of Texas

Texas Court of Appeals, First District

Carey Deshawn Forris-Clemons pleaded guilty to the first-degree felony
offense of injury to a child. This plea was without an agreed recommendation from
the State regarding sentencing. The trial court deferred adjudication and placed
appellant on community supervision for 8 years. The State subsequently moved tO
adjudicate and the trial court adjudicated appellant guilty and ass... More...
   $0 (11-25-2017 - TX)

Miguel Aguilar, Jr. v. The State of Texas

Continuous sexual abuse trial of Miguel Aguilar Jr. initiates

Because Aguilar does not challenge the sufficiency of the evidence or raise any other
evidentiary issues, only a brief recitation of the facts is warranted.
Aguilar married Blanca in 1990 and they had six children together, including five
daughters. They divorced in 2009, and Miguel was awarded full custody of all the children. No
allegations of sexual abuse were raised durin... More...
   $0 (11-22-2017 - TX)

Cody Allen Waters v. The State of Texas

Fight that left woman shot in head started over bathroom

At approximately 1:30 a.m. on January 24, 2014, Waters was at a restaurant and bar located
in a shopping center in north San Antonio. Waters was sitting at the bar visiting with one of the
bartenders, Jennifer Kirk. The bar was not crowded at that time; however, a group of six people,
Debbie and Jaime Arredondo, John and Yvonne Smithwick, Liliana Bergholtz, and Jeff Hoot, were More...
   $0 (11-22-2017 - TX)

Rashad Owens v. The State of Texas

Rashad Owens found guilty of capital murder in deadly SXSW crash

Owens was indicted for capital murder and four counts of felony murder while
evading arrest. See id. §§ 19.02, .03. Owens and two acquaintances, Andrew Bramwell and Alex
Witherspoon, had traveled from Killeen to Austin. Bramwell testified that he used his car to drive
Owens and Witherspoon, who were scheduled to perform at a club that evening. Bramwell testified
that after they... More...
   $0 (11-22-2017 - TX)

Dontray Walker v. The State of Texas


In 2012, Walker was dating Abby’s2 mother, Laura, and was living in an
Arlington apartment with Laura, Abby, and three of Laura’s other children. At
15 years old,3 Abby was the oldest of the four children living in the apartment,
and because Laura worked long hours, Abby took on a mothering role to her
siblings so that Laura could catch up on sleep when she was home. Although... More...
   $0 (11-22-2017 - TX)

Jose Luis Sanchez v. The State of Texas

Texas First Court of Appeals

Sanchez started his teaching career in Mexico as an elementary school teacher
with a specialty in mathematics. He and his wife moved to the United States in 2002.
In 2007, after he acquired certification to teach in Texas, he was hired at an
elementary school in Alvin Independent School District, where he remained until
2011. Following stints at Bryan I.S.D. and Channelview ... More...
   $0 (11-20-2017 - TX)


Court of Appeals For The First District of Texas

Appellant was convicted of murdering and sexually assaulting an elderly
homeless woman and sentenced to life imprisonment without parole in December
2011.1 This court affirmed appellant’s conviction. See Hardge v. State, No. 01-11
01112-CR, 2013 WL 4680403 (Tex. App.—Houston [1st Dist.] Aug. 29, 2013, pet.
ref’d) (mem. op., not designated for publication).
In December 2013,... More...
   $0 (11-20-2017 - TX)

James Patrick Fobian v. The State of Texas

Pending before this Court is appellant James Patrick Fobian’s motion to dismiss
his appeal. Appellant was convicted of driving while intoxicated, third offense or more,2
and sentenced to five years imprisonment. As required by Rule 42.2(a) of the Texas
Rules of Appellate Procedure, appellant and his attorney have signed the motion. No
decision of this Court having been deliv... More...
   $0 (11-17-2017 - TX)

Immanuel I. Pope v. The State of Texas

7th Court of Appeals Courtroom

Appellant’s first five issues concern, in one way or the other, the enhancement
paragraph contained in the indictment. We begin with issues one and two.
For committing the crime alleged in count four (deadly conduct), the jury
assessed appellant a prison term of twenty years. Such was manifested in the verdict
form submitted to the jury. According to appellant, the abilit... More...
   $0 (11-17-2017 - TX)

Marilyn Marche Kirkland v. The State of Texas

Woman gets 40 years in Waskom murder

After Marilyn Marche Kirkland admitted to having murdered Clinton Wayne Saizon in late
2015 by shooting him once in the chest with a handgun, the question of Kirkland’s punishment
and the bizarre facts of her case were submitted to a Harrison County jury. After a two-day
punishment trial, the jury assessed Kirkland’s punishment at forty years’ imprisonment, as
requested by the... More...
   $0 (11-17-2017 - TX)

Christopher Steven Jones v. The State of Texas

Jones lived in a recreational vehicle (RV) parked in a lot space at Jim Hogg RV Park, which
he rented from the City of Quitman, Texas. On March 5, 2014, Jones arrived home after a day of
work to discover that the door of the RV had been “jimmied open” and that he had been
burglarized. Jones called 9-1-1 to report the theft of guns, valuable electronics, and $600.00 in
cash. ... More...
   $0 (11-17-2017 - TX)

Douglas John Manifold, Jr. v. The State of Texas

Traffic stop leads to arrests

After Quinlan police officer David Nalls observed a vehicle swerving and its two right
wheels crossing over the solid white line separating the lane of traffic from the partially paved
shoulder, he initiated a traffic stop. That stop and the ensuing actions of the driver, Douglas John
Manifold, Jr., resulted in Manifold being convicted by a Hunt County jury for possession of a
... More...
   $0 (11-17-2017 - TX)

John Michael Shaver v. The State of Texas

Less than six weeks after Shaver had pled guilty and was placed on community supervision,
he admitted having used methamphetamine. He was, accordingly, ordered by the trial court to
serve a three-day jail sanction and to successfully attend and complete all recommendations
resulting from his substance abuse evaluation. Further, within seven months of his having been
placed on... More...
   $0 (11-17-2017 - TX)

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