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Texas Fiduciary Duty Law
Ronald Crow v. The State of Texas

The complainant, Benjamin Vaughan, resided at the Brenham State Supported Living Center. This facility is “a state-supported and structured residential facility operated by the Department of Aging and Disability Services to provide to clients with an intellectual disability a variety of services, including medical treatment, specialized therapy, and training in the acquisition of personal, social,... More...   $0 (07-22-2016 - TX)

Jermel Lewis v. The State of Texas

Appellant called the police the morning of January 17, 2014, to report that his vehicle had been burglarized at a Denny’s restaurant. He also reported that he was a city marshal and his service weapon had been taken. Officers Walter Sambola and Heidi Dragija of the Dallas Police Department responded to the call. After speaking with Appellant and the restaurant manager and reviewing the surveill... More...   $0 (07-22-2016 - TX)

Dustin Edward Klendworth v. The State of Texas

The State charged Appellant with intentionally, knowingly, and recklessly causing serious bodily injury to Richard Barlow by striking Barlow’s face and head with Appellant’s fist, kicking Barlow in the ribs and stomach area, stomping Barlow’s head, slamming Barlow’s head against a gearshift, and hitting Barlow in the head with a sword. The State alleged that Appellant used or exhibited a deadly w... More...   $0 (07-22-2016 - TX)

Steven Lamon Moore v. The State of Texas

Appellant was charged by indictment with delivery of a controlled substance. He pleaded “guilty” to the offense and “true” to two felony enhancements. The trial court found Appellant guilty and the enhancement paragraphs true. Following a bench trial on punishment, the trial court assessed Appellant’s punishment at imprisonment for thirty-five years. This appeal followed.
   $0 (07-22-2016 - TX)

Darrian Dewayne Johnson, Jr. v. The State of Texas

Appellant was charged by information with the offense of endangering a child, a state jail felony. Appellant pleaded “guilty” to the offense charged in the information. Appellant and his counsel signed various documents in connection with his guilty plea, including a stipulation of evidence and judicial confession in which Appellant swore, and judicially confessed, to the offense alleged in the ... More...   $0 (07-22-2016 - TX)

Darrian DewayneJohnson, Jr. v. The State of Texas

Appellant was charged by indictment with the offense of possession of a controlled substance, namely, cocaine, in an amount of less than one gram, a state jail felony. Appellant pleaded “guilty” to the offense charged in the indictment. Appellant and his counsel signed various documents in connection with his guilty plea, including a stipulation of evidence and judicial confession in which Appel... More...   $0 (07-22-2016 - TX)

Bobbie Dewayne Grubbs v. The State of Texas

Appellant was charged by indictment with capital murder and two counts of aggravated assault. He pleaded “not guilty,” and the matter proceeded to a jury trial. At trial, the evidence showed that Appellant and his wife, Deedra, attempted to kill a woman at her home and left her for dead. The woman regained consciousness and called the police. When Appellant and Deedra learned that the police w... More...   $0 (07-22-2016 - TX)

Lorenzo Martinez v. The State of Texas

When Savannah Smith answered a knock on the door to the apartment she shared with her
boyfriend, Michael Robinson, Robinson’s mother, Connie Robinson, and his sister, Caitlin,
Martinez and a companion burst inside. Martinez wielded a gun which he pointed variously at
Connie, Savannah, and Michael. When Connie inquired into the identity of Martinez’ companion,
Martinez and his... More...
   $0 (07-20-2016 - TX)

Santana Gaona v. The State of Texas

In August 2011, appellant’s wife, Rosario, accused him of rape. The charges were
ultimately dropped, but the couple remained separated. Two months later, Samuel Rojas, who
was married to Rosario’s sister, hosted a family birthday party. Rosario and several of her
family members attended the party. Several hours into the party, appellant showed up and went
to the back yard w... More...
   $0 (07-20-2016 - TX)

Pondersosa Pine Energy, LLC, Nixon Peabody, LLP, and Shannon, Gracey, Ratliff & Miller, LLP v. Illinova Generating Company n/k/a Illinova Corporation

Illinova and other entities (the Sellers) sold their interests in a power plant to Enron North
America Corp. pursuant to a Purchase Agreement. Enron subsequently assigned its rights under
the Purchase Agreement to Ponderosa. Ponderosa borrowed over $200 million from eight banks
to finance the purchase.
When a dispute arose between Ponderosa and the Sellers, Ponderosa invoked... More...
   $0 (07-19-2016 - TX)

Ronicesha Cherron Wearren v. The State of Texas

Under a legal-sufficiency standard of review, appellate courts view the evidence in
the light most favorable to the verdict and determine whether “any rational trier of fact could
have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia,
443 U.S. 307, 319 (1979). When performing this review, an appellate court must bear in mind that
it is the... More...
   $0 (07-18-2016 - TX)

Rochawn Ray Davis v. The State of Texas

Galveston Police Officer G. Parris stopped Rochawn Davis for a routine
traffic violation. The officer noticed an open bottle of beer in the center console of
Davis’s pickup truck. With permission from Davis, Officer Parris poured out the
beer, observing that the bottle was nearly full and still cold. It was just after 8:00
pm on a Friday night, and Davis said that he was return... More...
   $0 (07-18-2016 - TX)

Kevin Charles Hall v. The State of Texas

Hall brought his wife, Corterra Payton, to the parking lot of a bar near the
Southwest Freeway to help him detail cars. Hall and Payton drank alcoholic
beverages as they worked, and they began to argue. The owner of the bar asked
Hall and Payton to leave. Payton refused to leave with Hall, whereupon Hall
dragged Payton to his car. Payton fell to the ground, and Hall continu... More...
   $0 (07-18-2016 - TX)

Miguel Gomez v. The State of Texas

When the complainant was 7 years old, her parents were divorced, and
appellant Miguel Gomez was dating her mother. The complainant lived with her
father, but she and her brother would visit her mother every other weekend, and at
times Gomez would be the only adult watching her.
One day, the complainant called her mother at work and accused Gomez of
touching her inappropria... More...
   $0 (07-17-2016 - TX)

Brittany Michelle Barrett v. The State of Texas

Appellant was indicted for aggravated assault with a deadly weapon in three cases, and she pleaded guilty to each of them. The trial court placed her on deferred adjudication community supervision for ten years in each case. The State later moved to proceed to final adjudication in all three cases. At the hearing on the motion, Appellant pleaded true to the allegations in the motion. The court... More...   $0 (07-12-2016 - TX)

Tracy Larance Gordon v. The State of Texas

Under the Penal Code, an individual commits burglary “if, without the effective
consent of the owner, the person . . . enters a building or habitation and commits or attempts to
commit a felony, theft, or an assault.” Tex. Penal Code § 30.02(a)(3). As mentioned above, Gordon
does not challenge the sufficiency of the evidence showing that he entered a structure without the
effecti... More...
   $0 (07-11-2016 - TX)

Daniel Sherman Brown v. The State of Texas

On January 19, 2014, Officers M. Glover and M. Jacobs of the Houston
Police Department (“HPD”) were working an approved extra job at the 44 Club in
northeast Houston. As explained by the officers at trial, the phrase “approved extra
job” describes a situation wherein a private entity or individual employs off-duty
police officers. Throughout that evening at the 44 Club, both ... More...
   $0 (07-11-2016 - TX)

Jemarcus Latron Green v. The State of Texas

On August 6, 2012, Jimmy Wooten was shot and killed outside his home.
Green supplied the murder weapon and was tried for Wooten’s murder.
Wooten’s Murder
Wooten’s lifelong friend, Louis Hines, witnessed the shooting. Hines
testified that he was sitting on the front porch of a nearby house with Kevin
Mitchell, waiting for Wooten to go clubbing. When Wooten came out of h... More...
   $0 (07-11-2016 - TX)

Joseph Juan Facundo v. The State of Texas

On the evening of December 20, 2011, Russell Lopez was at home taking care
of his seven-year-old son, Caden, his six-year old niece, Bailey, and his nine-month
old daughter, Julianne. Lopez’s wife, Marie, and his cousin, Shonte Mabe, were at
work together. When they got off work shortly after 9:00 that night, Marie tried
calling Lopez twice, but was unable to reach him. Mabe gav... More...
   $0 (07-11-2016 - TX)

Juan Ruben Sanchez Cerda v. The State of Texas

On the evening of March 22, the complainant, Saul Ruvalcaba, was celebrating his birthday
at his house with his friends and neighbors. Sometime in the early morning hours of March 23,
Ruvalcaba was fatally stabbed.
Ruvalcaba’s wife, San Juana Garza, testified Sanchez-Cerda would park his car on their
property and she had asked her husband to tell Sanchez-Cerda not to park ther... More...
   $0 (07-06-2016 - TX)


The trial court and appellate decisions underlying this interlocutory appeal predate, but
implicate, our decision in Kennedy Hodges, L.L.P. v. Gobellan, 433 S.W.3d 542 (Tex. 2014). There
we said that “a party who litigate[s] one claim with an opponent d[oes] not substantially invoke the
litigation process for a related yet distinct claim against another party with whom it had an arbit... More...
   $0 (07-02-2016 - TX)

Lawrence Glover III v. The State of Texas

While patrolling southwest Houston on the evening of March 31, 2014, Officers Duncan and Valdez observed appellant commit a traffic violation by failing to maintain a single lane of traffic. The officers waited briefly to see if appellant would correct his violation, but when he did not, they turned on their overhead lights. Appellant continued... More...   $0 (06-27-2016 - TX)

Juan Garcia v. The State of Texas

In September 2002, appellant pleaded guilty to charges of sexual assault and
was placed on ten years’ deferred adjudication community supervision. The terms and
conditions of that community supervision included, inter alia, the following condition:
Report to the Supervision Officer at the Coryell County Community Supervision and Correction[s] Department as directed by the Court and... More...
   $0 (06-27-2016 - TX)

Joseph Edward Anthony v. The State of Texas

A fundamental principle of our criminal justice system is “that a person whose mental
condition is such that he lacks the capacity to understand the nature and object of the proceedings
against him, to consult with counsel, and to assist in preparing his defense may not be subjected to
a trial.” Drope v. Missouri, 420 U.S. 162, 171 (1975). Due process prohibits the conviction of a... More...
   $0 (06-27-2016 - TX)

Christian Lane-Clement Cook v. The State of Texas

Appellant, Colby Long, and their friends met at a car wash where an altercation ensued.
Surveillance video shows an agitated Long walking toward appellant’s vehicle. Before reaching
appellant, one of appellant’s friends approached Long from behind and struck him on the side of
the face. The blow incapacitated Long and he fell to the ground. Appellant proceeded to kick or
st... More...
   $0 (06-26-2016 - TX)

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)

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