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Texas Fiduciary Duty Law

Bruce Frank Ruark v. The State of Texas

A denial of habeas corpus relief is reviewed under an abuse of discretion standard.
Ex parte Wheeler, 203 S.W.3d 317, 324 (Tex. Crim. App. 2006); Hernandez-Prado v. State,
No. 03-15-00290-CR, 2016 WL 3144113, at *4 (Tex. App.—Austin May 26, 2016, no pet.) (mem.
op., not designated for publication). A habeas court abuses its discretion, and the appellate court
will reverse the habe... More...
   $0 (01-20-2018 - TX)

Eli Madison III v. The State of Texas

Second Court of Appeals - Texas Courts

Madison was a long-time member of Pilgrim Valley Missionary Baptist
Church. Since 1970, the church was a beneficiary of the Pilgrim Valley Manor
Housing Trust, of which the principal asset was an apartment complex known as
Pilgrim Valley Manor Apartments. Around 2005, the Housing Trust had only one
active member—Velmeta Washington—on its board of trustees. Washington
ne... More...
   $0 (01-20-2018 - TX)

James Dee Brewer, Jr. v. The State of Texas

Garland Police Officer Aaron Radney arrived at a Super 8 Motel looking for an unnamed
female on a matter unrelated to this case. After inquiring about the woman’s whereabouts, the
motel’s manager directed him to room 318 where he encountered Appellant James Brewer, who
answered the door. Officer Radney noticed that Appellant was holding a methamphetamine pipe
in his hand and ... More...
   $0 (01-17-2018 - TX)

Raynaldo Rivera Ortiz

Texas Fifth Court of Appeals, Dallas Texas

In his first issue, appellant contends the evidence is legally insufficient to prove he
committed cruelty to a nonlivestock animal. The information alleged appellant “intentionally,
knowingly, and recklessly caused bodily injury to an animal, to-wit: a dog by shooting the dog
with a pellet gun, without the effective consent of Roxanne Bogdan, the owner.” See TEX. PENAL
CODE A... More...
   $0 (01-17-2018 - TX)

Adrian Cardona Velasquez v. The State of Texas

5th Court of Appeals - Dallas, Texas

On August 4, 2014, L.P. and her two daughters, ten-year old E.P. and one-year old S.P.,
were walking to a supermarket in Dallas, Texas, when a small, red, four-door vehicle pulled up
next to them “very, very slowly, almost to a stopping point.” The driver was the only passenger
in the vehicle. E.P. was walking beside her mother, who was pushing S.P. in a stroller. E.P.
testi... More...
   $0 (01-17-2018 - TX)

Sergio Gonzalez v. The State of Texas

In his first issue, appellants contends he was not properly admonished concerning the range
of punishment he would face if he pleaded guilty. Before the plea hearing, appellant received
written admonishments, which recited that he was charged with a first degree felony with a
punishment range of “5-99 years or Life and an optional fine not to exceed $10,000.00.” At the
hearing,... More...
   $0 (01-16-2018 - TX)

William Childress v. The State of Texas

Third Court of Appeals, Austin, Texas

The jury heard evidence that, on the evening of March 13, 2016, Childress was in the
crowded Sixth Street entertainment district in downtown Austin during the South by Southwest
music festival. Officer John Evers testified that he first encountered Childress after a disturbance
arose between Childress and a security guard working outside of a restaurant. According to
Officer Ever... More...
   $0 (01-16-2018 - TX)

United States of America v. Paul Suarez

Eastern District of Texas Federal Courthouse - Beaumont, Texas

A jury convicted Paul Suarez for his involvement in a drug trafficking
conspiracy and for firearms offenses. Suarez appeals contending that the
convictions were not supported by sufficient evidence. He also asserts that the
district court erred in imposing a 120-month (ten year) mandatory minimum
prison sentence for possession of a sawed-off shotgun in furtherance of a drug
tra... More...
   $0 (01-15-2018 - TX)

State of Louisiana v. Navarius Simon

On June 8, 2016, Donna Richardson, Simon’s parole officer, paid a
visit to Simon’s home, located at 400 Topeka Street in Mansfield, Louisiana.
Richardson testified that when she pulled up to the home, Simon, who was
outside washing his carport, noticed her and began walking into the house.
Richardson asked him to stop, but when he continued, she followed him into
the hom... More...
   $0 (01-12-2018 - TX)

Marquis Amos Green v. The State of Texas

Fourteenth Court of Appeals - Texas Courts

On September 23, 2013, Jason Hay broke into appellant’s home taking property and money. According to Hay, no one else burglarized the appellant’s home. That same day, Rhonda Chisholm went to appellant’s house to sell prescription drugs. Chisholm arrived at the same time Hay was walking out of appellant’s home with a television. As Chisholm exited her car, Hay told her to get back in and stay there... More...   $0 (01-06-2018 - TX)

Martin Gutierrez Jr. v. The State of Texas

Dallas jury convicts man who stomped co-worker to death over lost car keys

Martin Gutierrez appeals his murder conviction. The jury convicted appellant and
sentenced him to sixty years’ confinement and a $10,000 fine. In three issues, appellant argues
the trial court (1) erred in refusing to grant a mistrial, (2) violated its duty to correctly instruct the
jury on punishment, and (3) violated appellant’s right to due process by failing to explain in the ... More...
   $0 (01-05-2018 - TX)

Carol Lee Craig v. Southwest Securities, Inc. & John C. Coyle

Appellant Carol Lee Craig appeals from a final judgment confirming an arbitration award. In two issues, she contends the trial court erred in dismissing her motion to vacate the arbitration award because she timely served notice of the motion and, even if the service was untimely, the trial court should have equitably tolled the deadline for service. For the following reasons, we affirm the trial ... More...   $0 (12-18-2017 - TX)

Rodney D. Bailey v. Dallas County, Texas; Dallas County Sheriff's Department Civil Service Commission and Juanita H. Nanez, Steve Hanna and Dwayne Bishop, In their Official Capacities as Members of the Sheriff's Department Civil Service Commission

This case concerns a district court’s subject-matter jurisdiction to hear the case of a deputy sheriff, Rodney D. Bailey, who was terminated by Dallas County and whose civil service proceeding was dismissed. Bailey appeals the trial court’s dismissal of his suit against Dallas County, the Dallas County Sheriff’s Department’s Civil Service Commission, and the members of the Commission. Bailey bring... More...   $0 (12-21-2017 - TX)

Ramon Alberto Gonzalez Quiroga a/k/a Ramon Alberto Quiroga Gonzalez v. The State of Texas

Jury finds Brownsville man guilty of capital murder in 2013 case

In August 2013, Brownsville police responded to a residence on Sandia Street to
find 51-year-old Betancourt’s lifeless body lying flat on the floor of his home, beaten and
bloodied. Police observed that the home was in disarray, appeared ransacked, and
showed what one detective labeled as a “violent crime scene.” In their investigation, police
discovered that one of Betancour... More...
   $0 (12-29-2017 - TX)

Richard Paul Kay v. The State of Texas

Appellant was charged by indictment with aggravated assault on a public servant and evading arrest or detention. An enhancement paragraph alleged a prior felony conviction. Appellant pleaded “not guilty” to aggravated assault on a public servant and “guilty” to evading arrest or detention. After hearing evidence and arguments, a jury found Appellant “not guilty” of aggravated assault on a public... More...   $0 (12-29-2017 - TX)

George L. Mullin v. The State of Texas

Criminal mischief, burglary of a building, and two counts of theft of copper.

Appellant was charged by indictment with criminal mischief, burglary of a building, and two counts of theft of copper. He pleaded “not guilty,” and the matter proceeded to a bench trial. At trial, the evidence showed that a break-in occurred at the clubhouse of the Pines Gun Club in Lufkin. A television was stolen from the clubhouse. Copper cables were removed from one of the target machines ... More...   $0 (12-29-2017 - TX)

Wayne M. English and James D. Colling v. Costa Bajjali

Wayne M. English and James D. Colling sued Costa Bajjali, alleging damages from an investment with one of Bajjali’s businesses. Bajjali filed a no-evidence motion for summary judgment. The trial court granted the motion. In six issues, English and Colling argue that (1) the trial court erred by granting summary
judgment because there had been inadequate time for discovery; and (2) the tr... More...
   $0 (12-21-2017 - TX)

William Costley v. Landry's, Inc.

William Costley sued Landry’s Inc. for injuries sustained during a visit to perform maintenance on an air conditioning unit. He asserted a premises liability claim. Landry’s filed a traditional and no-evidence motion for summary judgment, which the trial court granted. In two issues on appeal, Costley argues that Chapter
95 of the Texas Civil Practice and Remedies Code does not preclude ... More...
   $0 (12-21-2017 - TX)

Christopher Steven Painter v. The State of Texas

Man arrested for sex assault of a disabled person

In Appellant’s first issue, he argues that the evidence is insufficient to sustain his conviction because there was insufficient evidence to prove that Appellant used force or that the victim was unable to comprehend or resist the assault. In his second issue, Appellant contests the constitutionality of Section 22.011(b)(4) of the Texas Penal Code, which he argues is unconstitutional both on its ... More...   $0 (12-28-2017 - TX)

Paddock Collins v. The State of Texas


In one plea hearing and one sentencing hearing, Paddock Collins made an open
plea of guilty to the court and was convicted of two separate offenses: evading arrest or
detention with a vehicle and unauthorized use of a motor vehicle. See TEX. PENAL CODE
ANN. §§ 38.04(b)(2)(A); 31.07 (West 2011). He was sentenced to 15 years and 10 years,
respectively, in prison. The sentence... More...
   $0 (12-28-2017 - TX)

Monica Carbajal Gallegos v. The State of Texas

The circumstances underlying appellant’s complaints arose when the State’s
motion to adjudicate guilt and revoke her probation came for hearing. Counsel for
appellant announced that he was not prepared because he was preparing for a
preferential setting in another criminal matter before the same court. Counsel also
brought two motions to the court’s attention. The first was ... More...
   $0 (12-27-2017 - TX)

Brian David Benson v. The State of Texas


In May of 2016, Appellant pleaded guilty in two causes: (1) Cause No. 12,052,
theft of property in an amount of more than $2,500, but less than $30,000, a state jail
felony; and (2) Cause No. 12,059, possession of firearm by a felon, a third degree felony.
In the theft case, the trial court assessed Appellant’s sentence at confinement in the State
Jail Division of the Texas D... More...
   $0 (12-27-2017 - TX)

Octavious Lamar Rhymes v. The State of Texas

Man convicted in Titus County kidnapping, murder case

After their original plan to plant illicit drugs in Ernest Lee Ibarra, Jr.’s, truck was
abandoned, Johnathan Sanford, Jose Ponse, and Octavious Lamar Rhymes quickly devised another
plan: they would kidnap and murder Ibarra instead. Within hours, they kidnapped Ibarra from his
Titus County home and transported him to some isolated woods in Camp County where he was
shot to deat... More...
   $0 (12-27-2017 - TX)

Shawn Aric Tolbert v. The State of Texas

Jury finds Tolbert guilty

The State charged appellant with three sexual abuse offenses for conduct perpetrated
against T.B.P. when she was a child. T.B.P.’s mother was married to appellant’s older brother, and 2 3
the family attended the church pastored by appellant’s father. T.B.P., her older sister, and younger
brothers often stayed in appellant’s home and, at times, lived there.
T.B.P. testified that i... More...
   $0 (12-26-2017 - TX)

Lyda Swinerton Builders, Inc. v. Oklahoma Surety Company

Southern District of Texas Courthouse - Houston, Texas

This case involves several issues of Texas law relating to an insurer’s duty to defend and the damages that an insured may recover when an insurer breaches that duty. The district court, after disposing of much of the case through a series of partial summary judgment rulings and conducting a bench trial on one remaining claim, issued a final judgment that largely (though not entirely) favored the ... More...   $0 (12-25-2017 - TX)

Cody A. Waters v. Beth T. Waters

Cody A. Waters appeals a final decree of divorce appointing Beth T. Waters as the sole
managing conservator of their children B.W. and T.W. Cody asserts the trial court erred by: (1)
refusing to rule on his motions; (2) appointing Beth as sole managing conservator; (3) allowing
the children’s counselor to determine whether Cody should have any possession of and access to
the childr... More...
   $0 (12-13-2017 - TX)

Christopher Leron Clegg v. City of Fort Worth

This is an appeal from the trial court’s granting of a plea to the jurisdiction.
Appellant Christopher Leron Clegg appeals the trial court’s dismissal of his suit
1See Tex. R. App. P. 47.4.
against Appellee the City of Fort Worth (the City).2 Because the trial court did not
err by granting the City’s plea to the jurisdiction, we affirm.
At approximately ... More...
   $0 (12-14-2017 - TX)

Houston Methodist Willowbrook Hospital v. Mary Lou Ramirez

This is an accelerated appeal from the denial of a motion to dismiss a health
care liability claim. Mary Lou Ramirez alleges that Houston Methodist
Willowbrook Hospital is liable for her personal injuries stemming from her slip
and fall inside a hospital building. The hospital contends that Ramirez’s sole cause
of action is a health care liability claim, yet she failed to ser... More...
   $0 (12-14-2017 - TX)

In re Patti J. Wagner, as Guardian of Jenny Wagner, an Incapacitated Adult

Real parties in interest, Four J’s Community Living Center, Inc. (“Four J’s) and Anthonia Uduma (“Uduma”), have filed motions for rehearing and for en banc reconsideration of our April 27, 2017 opinion. We deny the motion for rehearing, but withdraw our opinion and issue the following opinion in its stead. Because we issue a new opinion in connection with the denial of rehearing, the motion for en... More...   $0 (12-18-2017 - TX)

The State of Texas v. Michael Lawrence Reising

Cadena Reeves Justice Center - San Antonio Court of Appeals

On June 9, 2015, Reising was arrested on a warrant for continuous sexual abuse of a child.
When brought before a magistrate, Reising declined to apply for a court appointed attorney. On
June 13, 2015, however, he completed paperwork requesting the appointment of an attorney.
At approximately 10:00 a.m. on June 23, 2015, Reising was transported from jail and
interrogated by D... More...
   $0 (12-17-2017 - TX)

Joseph Frank Tooker v. The State of Texas

During a traffic stop, Tooker was arrested after methamphetamine was discovered
by the investigating officers. Following the arrest, a trial was held in which the State called several
witnesses to the stand, including Chelsa Hazle, who was Tooker’s girlfriend at the time of the
incident, and Officer Morua, who initiated the traffic stop, and Tooker elected to take the stand and
te... More...
   $0 (12-17-2017 - TX)

Christopher Williams v. The State of Texas

Court of Appeals Ninth District of Texas at Beaumont

Andrea Piwko was found dead on July 30, 2015. In September of 2015, a
grand jury indicted Christopher Williams for the offense of murder. See Tex. Penal
Code Ann. § 19.02(c) (West 2011). A jury found Williams guilty of murder and
sentenced him to confinement for life and assessed a $10,000 fine. Appellant appeals
his conviction, raising three issues, each concerning the admiss... More...
   $0 (12-14-2017 - TX)

Daniel Lucas Brooks v. The State of Texas

David Herron and Appellant attended middle and high school together. Herron graduated
from the University of North Texas with a degree in creative writing. He went through several
stints in treatment centers and rehabilitation facilities for heroin addiction. Herron and Appellant
re-connected via Facebook in late 2012. Herron’s Facebook page referenced violent rap music
lyr... More...
   $0 (12-14-2017 - TX)

Joel Rubio v. The State of Texas

Eleventh Court of Appeals - Texas Courts

On December 8, 2014, Appellant and George Blanco walked into a Wal-Mart in Odessa. Their actions attracted the attention of two asset protection employees: Franco Herrera and Lucky Thach. Herrera testified that he was in the process of training Thach as an asset protection employee at the time. Herrera noticed Appellant and Blanco “grabbing . . . stuff from the jewelry department and looking ar... More...   $0 (12-13-2017 - TX)

Ricky Allen Dyise v. The State of Texas

Texas Fifth Court of Appeals, Dallas Texas

Appellant is homeless and lives on the streets of Dallas. Police Sgt. Ross Stinson was
assigned to the Central Business District, an area of downtown Dallas with a homeless
population. Stinson was on patrol on April 23, 2016 when he saw appellant asleep on the
sidewalk and “jostled” his foot to awaken him. He asked if appellant was okay and told him to
go somewhere else to s... More...
   $0 (12-11-2017 - 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)

Victor Ramires v. The State of Texas

arrant County Jailer Hospitalized After Alleged Attacked By Inmate

On February 17, 2016, Tarrant County Sheriff’s deputies prepared to
return Ramires from John Peter Smith Hospital back to jail. Informed that he
would be discharged from the hospital, deputies unchained him from the hospital
bed on which he lay, ordered him to change into his jail uniform, and searched
him after he had finished changing.
Because Ramires had previously los... More...
   $0 (12-04-2017 - TX)

Jhontae LeMark Hudson v. The State of Texas

Fourteenth Court of Appeals - Texas Courts

On the evening of October 25, 2013, Natasha Thomas-Strauss was working as a customer service representative at the money center for the Walmart located at Cutten Road and 1960. That evening, a tall, heavyset black man with dreadlocks, a white hard hat, sunglasses, black shirt, and yellow construction jacket approached Natasha at the money center counter. He handed her a note which read: “Just k... More...   $0 (12-01-2017 - 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)

Scott Folkerts v. The State of Texas

Scott Folkerts Sentenced for 2013 Lubbock Death

Scott Folkerts (appellant) was convicted of manslaughter when, after drinking
alcohol, he caused the death of the passenger who rode in his vehicle. The death
occurred when appellant drove the vehicle at a speed far in excess of the posted limit
and struck the rear of another vehicle. Within the indictment charging him of
manslaughter, the State also averred that he had used ... More...
   $0 (11-30-2017 - TX)

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