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Texas Fiduciary Duty Law

United States of America v. Major Nidal Malik Hasan

Fort Hood, TX - Jury Convict Fort Hood Shooter

The United States of America charged Major Nidal Hasan with thirteen counts of homicide and 30 counts of assault with a dangerous weapon for shooting unarmed soldiers at Fort Hood Texas in 2009.

Major Hasan was shot and paralyzed by responding security officers.

The Virginia-born Hasan, the son of Palestinian immigrants who... More...
   $0 (08-23-2013 - TX)

Richard Garcia v. The State of Texas

In his first issue, Garcia contends that the evidence is legally insufficient to
establish that the protective order was issued at a proceeding that he attended. We
A. Applicable Law
In reviewing the sufficiency of the evidence to support a conviction, we view all
of the evidence in the light most favorable to the prosecution to determine whether any
ration... More...
   $0 (01-15-2017 - TX)

Nitin Gupta v. The State of Texas

After the trial court denied appellant Nitin Gupta’s motion to suppress based on a
warrantless search, he pleaded guilty to driving while intoxicated. The trial court set punishment
at five days’ confinement in county jail. On appeal, Gupta argues the trial court erred by
denying his motion to suppress because neither the community caretaking function exception nor
reasonable... More...
   $0 (01-14-2017 - TX)

Selvin Santos-Hernandez v. The State of Texas

While driving down a road in Grand Prairie on February 17, 2013, appellant and his wife
Destinee began arguing. Appellant was driving. The couple’s six-month-old baby was in a
1 The Hon. Martin Richter, Justice, Court of Appeals, Fifth District of Texas at Dallas, Retired, sitting by assignment.
carseat in the back seat of... More...
   $0 (01-14-2017 - TX)

Eden Consuelo Amaya v. The State of Texas

In 2013, Appellant, Eden Consuelo Amaya, received seven years’ deferred adjudication
community supervision for two charges of aggravated robbery with a deadly weapon and one
charge of injury to a child. Two years later, the State filed a motion to revoke in each case
alleging that appellant had violated terms and conditions of his community supervision.
Appellant pleaded true t... More...
   $0 (01-14-2017 - TX)

Donald Moody v. The State of Texas

Appellant was charged on March 26, 2014, with failing to comply with sex
offender registration requirements.2 Specifically, the indictment alleged that
Appellant failed to report to the Fort Worth Police Department (FWPD) within 30
days before or after his birthday. See id. art. 62.058(a) (West Supp. 2016).
On June 6, 2014, Appellant’s counsel filed a request for discovery ... More...
   $0 (01-13-2017 - TX)

Teresa Lathem v. The State of Texas

Appellant was charged on March 26, 2014, with failing to comply with sex
offender registration requirements.2 Specifically, the indictment alleged that
Appellant failed to report to the Fort Worth Police Department (FWPD) within 30
days before or after his birthday. See id. art. 62.058(a) (West Supp. 2016).
On June 6, 2014, Appellant’s counsel filed a request for discovery ... More...
   $0 (01-13-2017 - TX)

Harvey Cathcart IV v. The State of Texas

Sex Offender

Appellant was indicted for continuous sexual abuse of a young child. Complainant,
appellant’s biological daughter, was born in 1999 to appellant and her mother, YT. YT had a
second daughter, TT, in 2001 with a different father. Appellant left in 2002 and returned in 2010
and began to live with YT and the two girls.
At trial, complainant testified that appellant began to sexu... More...
   $0 (01-07-2017 - TX)

Charles Ray Penigar v. The State of Texas

Sex Offender

In 1988, Penigar was convicted of sexual assault of a child and was placed
on probation for six years. Two years later, Penigar’s probation was revoked for
failing to report to his probation officer, and he was sentenced to six years’
Due to his conviction for sexual assault of a child, Penigar was required to
register as a sex offender for life and to ann... More...
   $0 (12-31-2016 - TX)

Jamie Marcus Pinson a.k.a. Janey Marcus Pinson v. The State of Texas

Appellant Jamie Marcus Pinson a.k.a. Janey Marcus Pinson appeals his
conviction for possession of a controlled substance of four grams or more, but
less than 200 grams, namely: methamphetamine. In his sole issue, Pinson
argues that the trial court reversibly erred in determining his sentence by relying
on an incomplete presentence investigation (PSI) report, which lacked
... More...
   $0 (12-30-2016 - TX)

Kyle Lindsey Smith v. The State of Texas

A Galveston County Grand Jury issued a true bill of indictment, alleging that
appellant, on or about April 29, 2014, “did then and there operate a motor vehicle in
a public place while [he] was intoxicated by reason of the introduction of alcohol or
a controlled substance or a drug or a dangerous drug or a combination thereof into
the body.” Further, it alleged that prior to t... More...
   $0 (12-29-2016 - TX)

Martin Carter v. The State of Texas

Harris County Sheriff’s Office Deputy B. Garza testified that on April 19,
2015, while she was traveling in her patrol car southbound on Homestead Road in
east Houston, she saw appellant’s car, without a registration sticker on its
windshield, traveling northbound. She “made a U-turn” to get behind appellant
and initiate a traffic stop. However, appellant “quickly” changed la... More...
   $0 (12-20-2016 - TX)

Juan Jimenez v. The State of Texas

In the fall of 2013, Eric Nieto and appellant, who was twenty-four, had been
friends for approximately two years. Nieto and appellant knew each other’s families,
and appellant’s girlfriend would occasionally babysit Nieto’s two small children.
Nieto, his common-law wife Cynthia Salguero, their children, and Nieto’s brother
in-law David Arriola lived in the Greenridge townhomes... More...
   $0 (12-20-2016 - TX)

Rohn M. Weatherly v. The State of Texas

On August 5, 2014, as Cheyla Palmer was parking her vehicle at her
residence at Drummer’s Inn, she was approached by Appellant, another resident
of the motel with whom she was somewhat acquainted.2 As Appellant
approached, he yelled at Palmer, demanding that she “take him to his Aunt’s
house.” Palmer called out for help to her friend Robert Byrnes, who tried
unsuccessful... More...
   $0 (12-10-2016 - TX)

Bradley Gregg v. The State of Texas

On June 25, 2013, 15-year-old A.V. made an outcry of sexual abuse
against Appellant, her 36-year-old maternal uncle.
At the time of the outcry, A.V. was living with her father and stepmother,
and her mother exercised supervised visitation rights every other weekend.
A.V.’s mother did not have a stable place to live, and during many of these
weekend visitations, A.V. ... More...
   $0 (12-10-2016 - TX)

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)

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