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Texas Fiduciary Duty Law
Ulysse Majoro v. The State of Texas

At approximately 3:00 a.m. on Monday, August 18, 2014, City of Euless
Police Officer Catherine Meador, responding to a report of a noise disturbance,
found a Jeep parked in a residential driveway emitting loud music.2 Because
heavy tinting prevented Officer Meador from seeing through the vehicle window,
Officer Meador knocked on the back window after she approached the Jeep. ... More...
   $0 (06-23-2016 - TX)

Fredis Mauricio Flores v. The State of Texas

Around 10 p.m. on February 6, 2014, Deputy T. Hays with the Harris
County Constable’s Office was dispatched to a single-car accident on the toll road.
The vehicle had crashed into the cement wall along the road, causing significant
front end damage to the car. When the deputy arrived, Appellant was the only
person standing outside the car, and no one else was inside the vehic... More...
   $0 (06-23-2016 - TX)

Travis Marcellaus Edwards v. The State of Texas

A jury found appellant, Travis Marcellaus Edwards, guilty of the offenses of
aggravated assault of a security officer,1 aggravated robbery,2 and unlawful
possession of a firearm by a felon.3 After finding true the allegation in an
enhancement paragraph in each indictment that appellant had been previously
convicted of a felony offense, the trial court assessed his punishment a... More...
   $0 (06-23-2016 - TX)

In Re The State of Texas Ex Rel. Mark Skurka

Real party in interest Antonio Aguilera was indicted for aggravated assault as a
habitual felony offender and assault family violence with a prior conviction. See TEX.
PENAL CODE ANN. §§ 22.01, 22.02 (West, Westlaw through 2015 R.S.). During the
course of the case, the State discovered and produced recordings of more than 1,000
telephone calls made by Aguilera while he was in... More...
   $0 (06-17-2016 - TX)

Jeffery Wayne Batson v. The State of Texas

On January 2, 2014, Appellant became involved in an altercation with his wife, Kimberly Batson. At trial, Kimberly testified that Appellant had been drinking, was not in a good mood, became angry that she had not prepared dinner, and began pushing and punching her. Adellah Batson, the daughter of Appellant and Kimberly, became upset. When Kimberly attempted to console Adellah, Appellant kicked ... More...   $0 (06-17-2016 - TX)

Marcus Kristopher Lacy v. The State of Texas

On July 14, 2012, Appellant stabbed and killed Charles Jennings in Jennings’s apartment. Appellant and Jennings were the only people present at the time of the stabbing. Appellant testified that he and Jennings had been drinking heavily the entire day when Jennings got an “attitude.” Appellant testified that he was trying to leave the apartment with his bottle of whiskey when Jennings snatched ... More...   $0 (06-17-2016 - TX)

Dywan Brooks v. The State of Texas

Brooks was indicted for one count of evading arrest, one count of tampering
with evidence, and two counts of possession of at least one gram but less than four
grams of a controlled substance. See Tex. Penal Code Ann. §§ 37.09(a), (c)
38.04(a), (b)(1), (West Supp. 2015); Tex. Health & Safety Code Ann. § 481.115(c)
(West 2010).1 The indictment included enhancements for prior con... More...
   $0 (06-16-2016 - TX)

Octavio Amaro v. The State of Texas

In August 2012, Appellant became involved in an argument with Danielle Dorado, his
companion of five years and the mother of his child, after Dorado found text messages on
Appellant’s cell phone that led her to believe Appellant was cheating on her. After the argument
turned physical, Dorado called 911, and law enforcement was dispatched to the scene.
In the recording of the ... More...
   $0 (06-16-2016 - TX)

Zachary Daniel Gage v. The State of Texas

Appellant lived with his girlfriend, Genevieve Clayton, and their baby in Clayton’s
father’s two-bedroom apartment. Clayton’s father, Kenneth Hodges, was sixty-seven years old
when the offense occurred.
Clayton, appellant, and the baby occupied one of the apartment’s bedrooms, and Hodges
occupied the other bedroom and the living room. They all shared the kitchen. When Hodg... More...
   $0 (06-16-2016 - TX)

Luke Hampton v. The State of Texas

At all relevant times, appellant and the children’s mother were separated and appellant
lived with his parents, whom the children called Grandma and Papa. The testimony showed that
appellant had a history of alcoholism since he was a teenager, he struggled with bipolar disorder
that he self-treated with vodka, and he contemplated suicide on more than one occasion.
In mid-Nov... More...
   $0 (06-16-2016 - TX)

Tonieka Renea McIlvennia, AKA Tonieka Reanea McIlvenna, AKA Tonieka Renea Burnside, AKA Tonieka James v. The State of Texas

Officer John Jones, an officer with the Killeen Police Department, was on patrol
when he observed a car that had been reported stolen pull into a convenience store parking lot. He
confirmed that the car was still listed as stolen and called for back-up. He pulled in and parked his
marked patrol car at an angle behind the stolen car. He saw the driver go inside the store, but knewMore...
   $0 (06-15-2016 - TX)

Ronald Parks v. The State of Texas

Parks was indicted for interfering with a public servant’s duties. See TEX.
PENAL CODE ANN. § 38.15(a)(1) (West Supp. 2015). Section 38.15(a)(1) provides:
“A person commits an offense if the person with criminal negligence interrupts,
disrupts, impedes, or otherwise interferes with a peace officer while the peace
officer is performing a duty or exercising authority imposed or g... More...
   $0 (06-15-2016 - TX)

Ronald Parks v. The State of Texas

Parks was indicted for interfering with a public servant’s duties. See TEX.
PENAL CODE ANN. § 38.15(a)(1) (West Supp. 2015). Section 38.15(a)(1) provides:
“A person commits an offense if the person with criminal negligence interrupts,
disrupts, impedes, or otherwise interferes with a peace officer while the peace
officer is performing a duty or exercising authority imposed or g... More...
   $0 (06-15-2016 - TX)

Reynaldo Zamora v. The State of Texas

In 1986, the complainant and a friend, both then girls under the age of ten,
were walking down a street in Hays County, Texas. A white Corvette pulled up
beside them, and the driver asked whether they knew the location of a mutual
friend, Vera. The driver identified himself as “Ray Zamora” and claimed to be
Vera’s uncle. He asked the girls to help him find Vera, and they agreed... More...
   $0 (06-15-2016 - TX)

State of Tennessee v. Billy Applegate

As pertinent to our review, Deputy Joey Hackler of the Sullivan County Sheriff‟s Office responded to a call of “a single vehicle crash” at approximately 10:30 p.m. on September 22, 2012. Deputy Hackler testified that when he arrived at the scene he found “a red Jeep truck down in the ditch” just off the road with “some tracks that [led] from the road into the grass [and] into the ditch.” Dep... More...   $0 (06-12-2016 - TX)

United States of America v. Carl Wayne Wiley

Del Rio, TX - Midland Man Sentenced to 47+ Years in Federal Prison for Attempted Murder of Border Patrol Agent

Carl Wayne Wiley, age 50, was sentenced to 571 months in federal prison for attempted murder of a Border Patrol agent.

In addition to the prison term, United States District Judge Ivan L.R. Lemelle ordered that Wiley be placed on supervised release for three years after ... More...
   $0 (06-06-2016 - TX)

The State of Texas v. Charles Caves

Charles Caves was charged by information as follows:
on or about the 8th Day of April 2014, CHARLES CAVES, hereinafter referred to as defendant, while operating a vehicle that collided with and damaged an unattended vehicle, did intentionally and knowingly fail to immediately stop and locate the operator or owner of the unattended vehicle . . . and give the complainant the defendant’s name an... More...
   $0 (06-08-2016 - TX)

In re Gambling Devices and Proceeds

In February 2014, the Webb County Sheriff’s Office began an investigation of two
businesses (“Loop 20 Party Place” and “New Entertainment”) that were allegedly engaging in
gambling by paying their patrons cash payouts from electronic slot machines commonly known as
“eight liners.” During their investigation of these businesses, officers received cash payouts from
playing the ei... More...
   $0 (06-08-2016 - TX)

Dionysios Spiro Kosmetatos v. The State of Texas

Appellant and his wife got into an argument late one evening while they were
staying with appellant’s mother-in-law in her third-floor apartment. When the
argument turned physical, appellant’s mother-in-law went to her downstairs
neighbor’s apartment to call for help.
Officer P. Woods and Officer S. Gromyko of the Houston Police Department
responded to the disturbance call... More...
   $0 (06-08-2016 - TX)

William Cook v. The State of Texas

William Cook was convicted of the offense driving while intoxicated and
sentenced to 180 days in jail. See TEX. PENAL CODE ANN. 49.04 (West 2011). Because the
trial court did not err in denying Cook’s requested jury instruction on the defense of
entrapment, the trial court’s judgment is affirmed.
Cook’s vehicle had become stranded at an intersection in Waco, Texas. A Waco More...
   $0 (06-05-2016 - TX)

Jeffery R. Wilde v. The State of Texas

Appellant does not contest the sufficiency of the evidence to support the jury’s
verdict. Rather, it is appellant’s contention that the trial court erred in denying his
motion to suppress the evidence collected because of the arrest. Accordingly, we will
only review that part of the record necessary to address the issue raised.
On August 21, 2014, Armstrong County Sheriff J.... More...
   $0 (06-05-2016 - TX)

Ex Parte: Warren Kenneth Paxton, Jr.

The Collin County Grand Jury returned three felony indictments against appellant. One
indictment charged appellant with acting as an “investment advisor representative” with registered with the Texas Securities Board; and the other two indictments alleged appellant
committed securities fraud. Appellant challenged the three indictments in four applications for
pretrial writs of ha... More...
   $0 (06-05-2016 - TX)

Shane Marcus Weldon v. The State of Texas

Rodney Holder reported a burglary of his bar in Houston, Texas in the early
morning of June 21, 2014. Deputy I. Barnett drove to the bar on June 23, 2014 for
a follow-up meeting with Holder.
Surveillance video of the burglary had provided some details for the identity
of the burglar. After reviewing the surveillance video, Holder and his employees
determined that the b... More...
   $0 (06-04-2016 - TX)

Benjamin Robert Harper v. The State of Texas

The complainant, Kimberly Lockett, testified that on the night of May 14,
2014, while she was asleep in her bed, appellant, who was her boyfriend, broke
through the front door of her apartment. Although he lived with her and normally
carried a key, he had been out of town earlier that day, and she, not expecting him
to return that night, had engaged the deadbolt lock on the fr... More...
   $0 (06-04-2016 - TX)

Nathaniel Ambross Petty v. The State of Texas

On November 26, 2012, Houston Police Department Officers M. Zamora
and J. Castro were conducting undercover drug investigations in which they posed
as drug users attempting to purchase narcotics in a high-crime area of Houston
where drug dealers are known to be present. Officers Zamora and Castro stopped
at one such location and were approached by appellant and another man. The... More...
   $0 (06-04-2016 - TX)

Feanyichi Ezekwesi Uvukansi v. The State of Texas

Frazier Thompson testified that on June 20, 2012, immediately after his
performance at a rap concert at The Blue Room nightclub (the “nightclub”), he
walked outside into the nightclub’s parking lot and towards his car, which he had
valeted “right in front of the club.” Within a “few seconds” of stepping into the
parking lot, someone shot him in the back. Frazier, who was stan... More...
   $0 (06-04-2016 - TX)

Charles Dane Hill v. The State of Texas

On October 5, 2013, Jackson County Sheriff’s Deputy Jason McCarrell responded
to a call on County Road 313 regarding a disturbance involving a firearm at the rural home
of Adam and Valerie Twardowski. Valerie Twardowski testified that Hill, who was her
neighbor, visited their property that evening, after the two spent the day together at a local
fishing tournament. That eveni... More...
   $0 (05-31-2016 - TX)

Christopher Lee McLemore v. The State of Texas

Appellant was charged by information with the offense of aggravated assault with a deadly weapon, a second degree felony. The information also included an allegation that Appellant used or exhibited a deadly weapon, a handgun, during the commission of the offense. Appellant pleaded “guilty” to the offense charged in the indictment. Appellant and his counsel signed various documents in connection... More...   $0 (05-30-2016 - TX)

The State of Texas v. Phillip Andrew Frias

On January 7, 2012, Phillip Frias kidnapped and sexually assaulted seventeen-year old
K.N. A jury found him guilty of two counts of aggravated sexual assault (Counts I and II) and
aggravated kidnapping (Count III) as alleged in the indictment. The jury assessed punishment at
life imprisonment on all three counts. Frias timely filed his motion for new trial, which the trial
c... More...
   $0 (05-30-2016 - TX)

Mark Edward Covington v. The State of Texas

Shortly before Mark Edward Covington was to be tried on charges of forgery and
possession of a controlled substance, prospective State’s witness, Wanda Henderson, received a
letter making certain threats against her unless she dropped the forgery charges and refused to
testify. As a result of this letter, Covington was charged with, and convicted of, two counts1 of
witness tam... More...
   $0 (05-30-2016 - TX)

Kennedy Riley v. The State of Texas

According to testimony of Alicia Green, she and her boyfriend, Kennedy Riley, planned to
relieve Troydricus Robinson of his “stash” of both drugs and money using the cover story of Green
promising to exchange sex with Robinson for some of his “weed.” As her version went, when
Green expressed doubts about the plan, Riley said he “would have to shoot him then.” Robinson
was ult... More...
   $0 (05-30-2016 - TX)

The State of Texas v. Gordon Heath Elrod

Appellee was charged with fraudulent use or possession of identifying information in
cause number F15-40913-I, and with two counts of tampering with a governmental record in
cause numbers F15-40914-I and F15-40915-I. He filed a motion to suppress evidence in each
case. The motions were identical; each challenged the affidavit supporting a search warrant
issued at 10:35 a.m. o... More...
   $0 (05-30-2016 - TX)

Leiroi Mickele Daniels v. The State of Texas

Appellant was indicted for the offense of misapplication of fiduciary property with a value over twenty thousand dollars and under one hundred thousand dollars. Tex. Penal Code Ann. § 32.45(b), (c)(5) (West 2010). The property at issue was a Mercedes-Benz automobile that was the subject of an asset forfeiture lawsuit in Harris County. The first paragraph of the indictment alleged that appellant... More...   $0 (05-25-2016 - TX)

Rafael Tellez Mendez v. The State of Texas

When D.R. was approximately five-years-old, her mother hired Mendez’s wife, Margarita
Mendez, to babysit D.R. while she worked in the evenings and early morning hours. One evening
D.R. told her mother that Mendez had “given her a massage” earlier that day, which she
demonstrated by rubbing her own genitals. After questioning D.R., D.R.’s mother believed
Mendez was sexually ab... More...
   $0 (05-25-2016 - TX)

Devany Charone Sneed v. The State of Texas

Appellant Devany Charone Sneed appeals from a judgment adjudicating
her guilty of assault causing bodily injury to a public servant in retaliation for an
official duty. See Tex. Penal Code Ann. § 22.01(a)(1), (b)(1) (West Supp. 2015).
Directing us to our opinion in Rains v. State, 678 S.W.2d 308 (Tex. App.—Fort
Worth 1984, pet. ref’d), Sneed complains that her due process and... More...
   $0 (05-23-2016 - TX)

Robert Elester Latham v. The State of Texas

Around 10:00 or 11:00 a.m. on October 29, 2012, Appellant arrived for a social visit at Connal Jennings’s apartment. In addition to Jennings, two other people were present in the apartment when Appellant arrived: Raimee Brown and Wayland Buddy Bailey. Brown testified that she, Appellant, Jennings, and Bailey all smoked methamphetamine together that morning. Sometime before noon, Brown was stabbe... More...   $0 (05-20-2016 - TX)

Ozumba Onwughalu Lnukx v. The State of Texas

On the evening of October 17, 2012, appellant was waiting for a bus to go home after
shopping at Aldi grocery store. Because it was a high-crime neighborhood, he carried concealed
handguns.2 He was sixty-six years old at the time and in poor health.
The events that subsequently transpired vary greatly between appellant, two eye
witnesses, and the complaining witness. We ... More...
   $0 (05-20-2016 - TX)

Cody John Holt v. The State of Texas

The factual background in this opinion is based on the evidence adduced at trial, the
evidence adduced during the hearing on Holt’s motion to suppress, and the trial court’s findings
of fact relating to that hearing. To the extent possible, the evidence from the hearing on the
motion to suppress and the trial is presented in chronological order.
Lisley Holt and Richard Romans ... More...
   $0 (05-20-2016 - TX)

Rodney Joe Garrett v. The State of Texas

On February 11, 2014, Derek Branning was driving north on Interstate 35 when he
recognized a white semi-truck that had been stolen from his workplace several weeks earlier.
Branning called 9-1-1 and continued to follow the truck until law enforcement officers arrived.
Bexar County Sheriff’s Office (“BCSO”) Deputy Derrick Crawford had been working
patrol in his marked police... More...
   $0 (05-19-2016 - TX)

Tamara Danielle Hines v. The State of Texas

On January 17, 2014, around 2:00 a.m., the store manager at Walmart received a tip that two females were acting suspiciously in the garden center of the store. The store manager went to the store’s asset-protection office to view the security video feed for that area. He saw two females in the garden center “throwing merchandise under the fence.”1 On the live video feed, the store manager saw o... More...   $0 (05-17-2016 - TX)

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