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Texas Fiduciary Duty Law

Dang Duy Truong v. The State of Texas

A grand jury indicted appellant Dang Duy Truong for aggravated robbery
with a deadly weapon arising from a robbery at the Beijing Game Room in
Houston, Texas. During a trial before a jury, Truong admitted to participating in
the robbery. The jury convicted him of aggravated robbery with a deadly weapon
and assessed punishment at 40 years in prison. See TEX. PENAL CODE § 29.03. ... More...
   $0 (12-09-2016 - TX)

Frank Ortegon v. The State of Texas

On October 10, 2013, the complainant, Tenola Washington, was working at
an Exxon station in Chappell Hill, Texas. Around 11:00 p.m., after all of the
customers and the cashier had left, Washington locked the store and began cleaning.
Washington believed he was alone in the store at that time, but when he walked
down the hall, a man, later identified as appellant, jumped out o... More...
   $0 (12-09-2016 - TX)

Walter Lee Roberts v. The State of Texas

On March 5th, 2015, Etoinne Ternoir was at a gas station in Baytown, Texas.
The gas station has a car wash, and Ternoir pulled his truck up to the entrance to get
it washed. Before proceeding through the car wash, Ternoir did some pre-cleaning
on his truck. While Ternoir was doing this, Appellant pulled up behind him.
Appellant asked Ternoir if he was the attendant. Ternoi... More...
   $0 (12-08-2016 - TX)

Marshall Darnell Joshua v. The State of Texas

During the charge conference, the following exchange took place with
appellant’s attorney, who argued that the verdict form was inconsistent with the
presumption of innocence that the Jury was required to apply:
[DEFENSE COUNSEL]: -- as you know, this has always been my argument. On the verdict page, the State always chooses to put: We, the jury, find the defendant guilty of the off... More...
   $0 (11-28-2016 - TX)

Bruce Edward Gorden v. The State of Texas

Roy Nelams, the complainant, testified that at about 8:30 p.m. on May 30,
2015, he attended a party at a friend’s house with twelve or thirteen other guests,
including appellant. The complainant had known appellant by his first name for
about eight years because they were from the same neighborhood.
At about 11:30 p.m., appellant asked the complainant, who was sitting at a More...
   $0 (11-28-2016 - TX)

United States of America v. Jason Michael Ehret

Corpus Christi, TX - Marine Pilot Pleads Guilty to Possession of Child Pornography

A 44-year-old Corpus Christi man admitted to possessing child pornography. Jason Michael Ehret, an active duty Marine Corps major serving as an aviation flight instructor.

The court heard that Corpus Christi Police Department detectives, while using peer-to-peer software, were able to successfully... More...
   $0 (11-15-2016 - TX)

Fredrick Dale Blevins v. Pepper-Lawson Construction, L.P., Winco Masonry, L.P., and Alejandro Sanchez


In October 2012, Blevins was driving on Kingsland Boulevard near Katy
Taylor High School around 7:00 p.m. The high school was being renovated, and
Winco, a subcontractor of Pepper-Lawson Construction, L.P., the general contractor
managing the project, was conducting some masonry work. While attempting to
pass a car on Kingsland Boulevard, Blevins hit a construction vehicle, a... More...
   $0 (11-16-2016 - TX)

Jose Martir Hernandez v. The State of Texas

Early in the morning of December 8, 2014, appellant caught his adult
daughter sneaking back into the house through a window and a loud argument
between the two ensued, waking the household. When appellant’s wife tried to
calm appellant and her daughter, appellant pushed his wife, causing her pain and
leaving a red mark on her skin. When his wife tried to flee into the bedroom... More...
   $0 (11-16-2016 - TX)

Abner L. Washington v. The State of Texas

On May 29, 2014, appellant was arrested and charged with the state jail felony
offense of possession of a controlled substance, namely, cocaine weighing less than
one gram.1 The next day, the trial court appointed an attorney to represent appellant.
Pursuant to his plea, appellant signed a “Waiver of Constitutional Rights,
Agreement to Stipulate, and Judicial Confession” which... More...
   $0 (11-15-2016 - TX)

Gregory James Shelton v. The State of Texas

Appellant was charged with the murder of Edward Rivera. The trial court
appointed Cary Faden as Appellant’s trial counsel. Faden requested and obtained a
psychiatric examination of Appellant. Dr. David Axelrad and Dr. Kit Harrison
examined Appellant.
Dr. Axelrad prepared a report. In his report, he determined that Appellant had
a history of a bipolar disorder. He al... More...
   $0 (11-15-2016 - TX)

Harris County and Texas Commission on Environmental Quality v. International Paper Company

There are five dates or date ranges that are significant in this litigation. We
will give first an overview of their importance and then discuss each in more detail.
Next, we will provide an overview of the parties’ trial theories and discuss the key
rulings made by the trial court related to experts and the jury charge.

A. Significant historical dates

The first ... More...
   $0 (11-15-2016 - TX)

Daniel Lynn Easter v. The State of Texas

Archie Glenn Hashaw, Jr., executive director of Waller County Emergency
Medical Service (“Waller County EMS”), a non-profit organization and the
complainant in this case, testified that Waller County EMS provides “9-1-1

1 See TEX. PENAL CODE ANN. §§ 15.01(a), (d) (Vernon 2011) (criminal attempt), 31.03(a) (Vernon Supp. 2015) (th... More...
   $0 (11-14-2016 - TX)

Samantha Meagan Paciga v. The State of Texas

On August 28, 2013, at approximately 11:00 p.m., an officer with the Beaumont Police Department responded to a radio dispatch concerning a suspicious vehicle near the intersection of Seventh Street and the I-10 service road in Beaumont, Texas. When the officer arrived at that location, he observed a blue Toyota Corolla that had left the service road and come to rest in a grassy area next to a... More...   $0 (11-03-2016 - TX)

Claudia Lasha Johnson v. The State of Texas

Marquis died on June 2, 2014 of blunt force trauma. Appellant’s boyfriend, Clezel Mughni, was convicted of capital murder in Marquis’s death. Appellant was charged with injury

–2– to a child by omission for failing to seek adequate medical care for Marquis or failing to protect Marquis from Mughni.1 Evidence at trial showed appellant met Mughni online in April 2014. Two weeks lat... More...
   $0 (11-02-2016 - TX)

Delridge Jermaine Clark v. The State of Texas

On the Saturday night before Christmas in 2013, Clark went shopping at Walmart in Converse, Texas. Clark purchased toothpaste and a can opener and then left the store. After driving away, Clark realized his cell phone was missing. He returned to Walmart to search for his phone. When Clark was searching the parking lot, he was approached by William Scogins and William Sutton. Scogins and Sutton... More...   $0 (11-02-2016 - TX)

Sherrie Hoff v. The State of Texas

A grand jury indicted Hoff for driving while intoxicated, third or more. See Tex. Penal Code Ann. §§ 49.04, 49.09(b) (West Supp. 2016). The indictment also alleged that Hoff used a deadly weapon, namely, a motor vehicle, during the 2 commission of the offense. Additionally, the indictment included enhancements for two previous felony convictions. Hoff pleaded “[n]ot guilty[.]” Hoff stipulat... More...   $0 (10-25-2016 - TX)

Ana Licia Bravo v. The State of Texas

On April 8, 2012, around 9:30 p.m., El Paso Police Officer Anthony Alegre responded to a dispatch at a local bar regarding a vehicle that fled the scene of an automobile accident. At the bar, Officer Alegre spoke with eyewitnesses to the accident that followed the fleeing vehicle from
the scene of the accident. The eyewitnesses pointed out the driver, Bravo, to Officer Alegre... More...
   $0 (10-24-2016 - TX)

Shawntrell Dawkins v. The State of Texas

In late 2007, Sherrie Harris signed a power of attorney granting Shawntrell Dawkins the
ability to act as legal guardian for Harris’ two children: Milayna, a two-year-old girl, and J.H., a
four-year-old boy.1 Harris had befriended and become close to Appellant and her husband Nakia
while the three were stationed at a United States Army post in Germany, even going so far as to
... More...
   $0 (10-19-2016 - TX)

Eduardo Salas Rael v. The State of Texas

Officer Mason Lawrence with the Fort Worth Police Department received information from an informant named “Jason” that someone named Eduardo Sandoval was leaving an Italian
restaurant and would be selling drugs “at different locations up and down” Camp Bowie
Boulevard. Lawrence was on patrol in the area and he observed a small gray Acura travelling
eastbound on Camp Bowie Boulevard... More...
   $0 (10-19-2016 - TX)

Lightsey Nathan Saul, Jr. v. The State of Texas

On Tuesday, March 1, 1988, at about 10:45 p.m., Joseph Wayne Daggett left his
girlfriend Sheridan Porter’s house to go back to his own home on the Slaughter Ranch outside of
Fort Stockton, Texas. He told Porter that he had planned to travel to a Chevrolet dealership in
Odessa the next day to have repairs made to his new truck. At trial, Porter, who divorced
Appellant in 1987,... More...
   $0 (10-18-2016 - TX)

Jason Demall Buard v. The State of Texas

Buard and the complainant’s mother are siblings. Buard and his partner, “Aunt Tasha,”1
lived in Tyler, Texas, and visited his sister’s home most weekends. Buard and Aunt Tasha slept
in the complainant’s bedroom while she slept with her mother.
The complainant, J.L., testified that during one of Buard’s and Aunt Tasha’s overnight
visits, J.L. and Buard were in J.L.’s bedro... More...
   $0 (10-12-2016 - TX)

Henry S. Miller Commerial Company v. Newsom, Terry & Newsom, LLP, et al.

HSM and its former employee Steven Defterios were sued by a group of commercial
property owners for fraud relating to several unsuccessful real estate deals (the “Underlying
Lawsuit”). James Flaven, the prospective buyer put forward by HSM and Defterios, held
himself out as the beneficiary of a large trust fund. In fact, Flaven was a truck driver with no
trust fund, and none ... More...
   $0 (10-04-2016 - TX)

Jose Antonio Perez v. The State of Texas

In 2012, appellant was charged under an indictment that alleged he did:
unlawfully then and there intentionally and knowingly cause the contact and penetration of the female sexual organ of [A.P.], a child, who was not then the spouse of defendant, by an object, to-wit: the sexual organ of said defendant, and, at the time of the offense, the child was younger than 14 years of age.

... More...
   $0 (10-04-2016 - TX)

Timothy O'Reilly v. The State of Texas

The City notified appellant on August 19, 2014, that the conditions of his residence in
Richardson failed to comply with City ordinances. Specifically, appellant was notified that the
accumulation of trash, debris, lumber, and other items on his property violated the nuisance
ordinance, and that the outside storage of furniture, boxes, containers, and other materials
violated ... More...
   $0 (10-04-2016 - TX)

Priscilla Diane Long v. The State of Texas

In her issue, appellant contends the trial court erred by denying her pretrial motion to
suppress because the officers’ actions were not reasonable under the emergency doctrine
exception to the warrant requirement.
The evidence presented at the suppression hearing showed that Priscilla Diane Long and
her husband, Dave, rented a home from Barbara Schneider, a real estate broke... More...
   $0 (10-04-2016 - TX)

Christopher James Holder v. The State of Texas

On the evening of Sunday, November 11, 2012, the Plano Police Department responded
to a call about a possible burglary at 3121 Royal Oaks Drive, Plano, Texas, where they found
fifty-year-old Billy Tanner deceased in his home. He had sustained blunt force trauma to the
head and multiple stab wounds.
In the summer of 2012, Billy Tanner’s step-daughter, Casey James, her two child... More...
   $0 (10-04-2016 - TX)

TXU Portfolio Management Company, L.P. N/K/A Luninant Energy Company, L.L.C. v. FPL Energy, LLC; FPL Energy Pecos Wind I, LP; FPL Energy Pecos Wind II, Et AlL

A detailed recital of this case’s factual and procedural background is provided in our
prior opinion. See TXU Portfolio Mgmt. Co., L.P. v. FPL Energy, LLC, 328 S.W.3d 580, 581–85
(Tex. App.—Dallas 2010), aff’d in part, rev’d in part, 426 S.W.3d 59 (Tex. 2014). Here, we
limit our discussion to the matters needed to resolve the issues before us.
TXUPM sued the Wind Farms allegi... More...
   $3075000 (10-03-2016 - TX)

Derryck Jerod James v. The State of Texas

Seventy-seven-year-old Jeany Turner was robbed at gunpoint as she returned home on
the evening of April 28, 2013. According to Turner, she had gotten out of her car when a man
with a gun walked around the corner of her carport, pointed the gun at her, and demanded her
1 The Hon. Martin Richter, Justice, Court of Appeals, Fifth Distri... More...
   $0 (10-03-2016 - TX)

Juan Carlos Flores v. Chasco, Inc. a/k/a Chasco Interiors, Inc., et al.

In July 2008, Flores was installing an HVAC system in a warehouse. He and a co-worker
were working together to install duct work inside the building. Flores was seriously injured
when a scissor lift he was using fell over while extended. Flores sued appellees and others
involved in the construction project.
Alcatel USA Sourcing, Inc. had hired appellee ICI as the ... More...
   $0 (10-03-2016 - TX)

Adrian Roosevelt McDaniel v. The State of Texas

Dallas police officers were dispatched to a Dallas apartment complex to investigate an
allegation that appellant had assaulted an upstairs neighbor. The officers knocked on the door of
the first-floor apartment where they believed appellant was located. Appellant refused to open
the door. After obtaining a warrant, the officers entered the apartment, arrested appellant, and
... More...
   $0 (10-03-2016 - TX)

E.F. Johnson Company v. Infinity Global Technology f/k/a Infinity Gear and Technology, LLC, et al.

Kirmuss operated an electronics business that specialized in radio-related products. In
2007, at a trade show in Hong Kong, he discovered a speaker microphone with a built-in global
positioning system (the GPS-Mic), manufactured by Wintectronics (Wintec). Kirmuss believed
the GPS-Mic could transform communications for first responders and military units, so he
arranged to mee... More...
   $0 (10-03-2016 - TX)

Clezel Montague Mughni v. The State of Texas

On the morning of June 2, 2014, Dallas Fire Rescue was dispatched on an unresponsive
child call to a Dallas apartment complex. When officers arrived, they found fifteen-month-old
Marquis Johnson lying on a floor. He was pale and cool to the touch and did not have a
heartbeat. Officers began CPR. Officer David Lindsey noticed an obvious injury to Marquis’
right eye, an “inor... More...
   $0 (10-02-2016 - TX)

Charles Newman Smith, Jr. v. The State of Texas

The indictment in this case alleged that “pursuant to a common scheme or continuing
course of conduct” and “with the intent to establish, maintain, or participate in a combination or in
the profits of a combination,” Smith collaborated to commit the offense of unlawfully delivering,
dispensing, or distributing methamphetamine in an amount between four and 200 grams. The
indictment... More...
   $0 (09-24-2016 - TX)

Walter Lee Scott, Jr. v. The State of Texas

Walter Lee Scott, Jr., was charged with assaulting Kassandra Holt, who was a
member of Scott’s family or household, “by intentionally, knowingly, or recklessly impeding the
normal breathing or circulation of . . . Holt by applying pressure to [her] throat or neck.” See Tex.
Penal Code § 22.01(a) (setting out elements of offense of assault), (b)(2)(B) (elevating offense level
from ... More...
   $0 (09-14-2016 - TX)

James Robert Montoya, Jr. v. The State of Texas

M.A., the victim in this case, was returning to her home in New Braunfels after
leaving her job at Taco Bell at approximately 1:15 a.m. The victim was traveling south on Interstate
Highway 35 when her car ran out of gas and stalled just north of San Marcos near the Blanco River
turnaround. After trying to call family and friends for help, M.A. decided to walk to the nearest
gas s... More...
   $0 (09-14-2016 - TX)

Clifton Crews Hoyt v. The State of Texas

Clifton Crews Hoyt was charged with driving while intoxicated. See Tex. Penal
Code § 49.04(a) (listing elements of offense). The indictment also alleged that Hoyt had previously
been convicted of the offense on two prior occasions, which elevated the level of the offense to
a third-degree felony. See id. § 49.09(b)(2). In addition, the indictment alleged that Hoyt was also
prev... More...
   $0 (09-13-2016 - TX)

Victorio Nepomuceno v. The State of Texas

The State indicted appellant for “intentionally or knowingly caus[ing] the penetration
of the anus of [H.C.], a child who was then and there younger than 14 years of age, by [appellant’s]
sexual organ.” At trial, the jury heard the testimony of H.C., H.C.’s sister, and a police officer who
investigated the allegation of sexual abuse. H.C. testified that appellant regularly babysat hi... More...
   $0 (09-12-2016 - TX)

Devin Keith Cutler v. The State of Texas

On November 9, 2015, a jury found Appellant guilty of the offense of DWI
Misdemeanor Repetition, and the trial court assessed his punishment at 180
days’ confinement in the Tarrant County Jail and a fine of $500. The trial court
suspended Appellant’s sentence and placed him on community supervision for
twenty-four months. On the same date, November 9, 2015, Appellant filed a <... More...
   $0 (09-12-2016 - TX)

Travis Reed v. The State of Texas

Appellant was a volunteer firefighter and medic and a volunteer with the
children’s ministry and the youth program at a church in Azle. The complainant
in this case met appellant through the children’s ministry.
The complainant, who was fourteen years old at the time of trial, testified
that during a father-son campout sponsored by the church, appellant put his
hands insi... More...
   $0 (09-12-2016 - TX)

Ashley Thomas v. The State of Texas

In early 2010, prior to his deployment to Afghanistan, U.S. Army Sergeant
Zachary MacCalla became intimately involved with Thomas. After he attempted
to end their relationship, Thomas showed him a photograph from an ultrasound
and told him that she was pregnant with his twins. This was an utter falsehood.
Former section 31.03(e)(4)(A) provided that theft is a state jail felo... More...
   $0 (09-11-2016 - TX)

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