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Texas Fiduciary Duty Law

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)

Jason J. Ross v. The State of Texas

In each case, Appellant pled guilty to Count Two of the indictment, which
alleged that he committed burglary in one of three ways: intentionally or
knowingly, without the complainant’s consent, (1) entering a habitation with intent
to commit assault; (2) entering a habitation and attempting to commit assault; or
(3) entering a habitation and committing assault.2
The punis... More...
   $0 (09-11-2016 - TX)

Thomas George Craaybeek v. The State of Texas

On November 28, 2014, at approximately 6 p.m., police received a 9-1-1
call that Appellant had shot his wife in their home. State Trooper James
Lattimore responded to a dispatch issued by the Young County Sheriff’s
Department and drove his marked patrol vehicle to Appellant’s home. Trooper
Lattimore testified that he activated the vehicle’s overhead red and blue lights as More...
   $0 (09-11-2016 - TX)

Dammond Defferal Johnson v. The State of Texas

In September 2013, Alberto Gonzalez and his wife of 22 years, Jacqueline
Bautista, were in the process of remodeling a home they owned in Gainesville,
Texas. On Sunday, September 8, 2013, Gonzalez was working on the
Gainesville house, and Bautista was in Dallas. When Gonzalez stopped
answering or returning Bautista’s phone cal... More...
   $0 (09-10-2016 - TX)

Richard Charles Owings, Jr. v. The State of Texas

Appellant was previously married to F.M., the grandmother of the
complainant, K.M., who was born in 2003 and was eleven years old at the time of
trial. Appellant and K.M. are not biologically related. K.M. and her mother,
M.M., occasionally lived with F.M. and appellant, and they all lived together in
late 2009 and early 2010. Because appellant was unemployed during this per... More...
   $0 (09-02-2016 - TX)


The complainant, Don Miles, testified that appellant is his “brother” or
“half-brother” because they “share the same sister” and were “close.” On September
24, 2013, the complainant attended a “family gathering” at “Obie’s Pool Hall”—“[a]
little, small brick building” with “a few pool tables” and “slot machines.” Also, in
attendance were appellant, Charles Douglas and Alex,2 ... More...
   $0 (09-01-2016 - 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
ambulance service” for the county. It shares “a building in downtown Monaville,”
designated as Fire Station Number 2, with the Monaville Volunteer Fire Departm... More...
   $0 (09-01-2016 - TX)

James Jackson III v. The State of Texas

The complainant testified that at 10:30 p.m. on May 28, 2012, she left the
Domino’s Pizza restaurant, where she was working, to make a delivery. At the
time, the driver’s side window of her car was not functioning “properly” and
“stuck” “halfway down.”
After exiting the restaurant, the complainant sat in her car in the parking lot
to enter the delivery address into her ce... More...
   $0 (09-01-2016 - TX)

Weylin W. Alford v. The State of Texas

While appellant was an inmate in the Harris County Jail, the complainant,
Detention Officer M. Lee, noticed that he could not see inside appellant’s jail cell
because the window had been covered by newspaper. Before entering the cell, the
complainant summoned help from other officers. After opening the door to
appellant’s cell, the complainant saw appellant in the middle of t... More...
   $0 (09-01-2016 - TX)

Adam P. Paty v. The State of Texas

Travis Everett, a shift manager at a McDonald’s restaurant, testified that on
October 2, 2013, while he was working “overnight,” a person “pulled” a truck up to
the drive-through “order[ing] booth,” but then appeared to “dr[i]ve off.” About ten
to fifteen minutes later, Everett heard “honking” in the drive-through lane and
realized that the person had not in fact “dr[iven] off... More...
   $0 (08-19-2016 - TX)

Enrique Chavez Aguirre v. The State of Texas

Appellant Enrique Chavez Aguirre is a Mexican citizen. In 2003, he lived in
Houston with his girlfriend. Four children lived in the house with them: Aguirre’s
son, Enrique Jr., and his girlfriend’s three children, one of whom is the
complainant in this case. One day the complainant, who was 11 years old at the
time, reported to a friend and to a teacher that Aguirre had touched... More...
   $0 (08-18-2016 - TX)

Cesar Rangel v. The State of Texas

Cesar Rangel was arrested on May 19, 2008 for the offense of evading arrest or
detention. He posted a surety bond on May 23, 2008, listing his address as 6207 Latta
Rangel v. State Page 2
Street, Dallas, Texas. Rangel was indicted on June 19, 2008, and a Dallas Deputy
Constable attempted to serve Rangel at the 6207 Latta address on July 23, 2008, July 30,
2008, August 1... More...
   $0 (08-09-2016 - TX)

Yvonne Carol Lindsey v. The State of Texas

On January 31, 2012, Lindsey was charged by indictment with one count of
unlawful possession of a controlled substance—cocaine—in an amount of one gram or
more but less than four grams. See TEX. HEALTH & SAFETY CODE ANN. § 481.115(c) (West
2010). Lindsey entered into a plea-bargain agreement with the State, wherein she pleaded
guilty to the charged offense in exchange for a p... More...
   $0 (08-08-2016 - TX)

Kelvin Benton v. The State of Texas

Appellant Noe Cosino was charged with felony driving while intoxicated
following a two-vehicle accident at the southernmost tip of Brazos County. Cosino and
the driver of the other vehicle were taken to a College Station hospital for medical
treatment. While Cosino was at the hospital, the investigating state trooper asked a nurse
to conduct a mandatory blood draw under the a... More...
   $0 (08-08-2016 - TX)

Eric Dewayne Small v. The State of Texas

Raynesha Blackmon testified that on the night of April 11, 2004, she and her
best friend, Keneshia Scott, the complainant, went to Cardi’s, “[a] teenage [night]
club,” for a party. However, they did not stay inside the club, which was “[v]ery
crowded,” for long. After someone had “throw[n] a chair in the air,” Blackmon and
the complainant immediately “started running” out of ... More...
   $0 (08-07-2016 - TX)

Augustus Mitchell v. The State of Texas

Two off-duty police officers were working a private security job patrolling an
apartment complex in west Houston. As they drove through the parking lot, they
encountered Mitchell, who was standing between two parked vehicles. Both officers
saw Mitchell take a handgun from his pocket and place it on the ground. When they
stopped to investigate and secure the weapon, Mitchell tol... More...
   $0 (08-07-2016 - TX)

The State of Texas v. Frank Empey

A grand jury indicted appellee for theft. The indictment charged him with a
state jail felony because it alleged that he had stolen “aluminum or bronze or
copper or brass, of the value of less than $20,000.” See Tex. Penal Code Ann.
§ 31.03(e)(4)(F) (West Supp. 2015).
Appellee filed a pretrial motion to dismiss the indictment. He argued that
the indictment was flawed be... More...
   $0 (08-07-2016 - TX)

Ryan Ray Howard v. The State of Texas

Ryan Ray Howard (appellant) appeals his two convictions for injury to a child.
The posture of his appeal is rather odd. He does not contend that the trial court erred in
any particular respect. Rather, his sole issue is whether “appellant [is] entitled to
abatement and remand for a hearing on his motion for new trial?”1 We answer “no.”
Again, appellant does not argue that ... More...
   $0 (08-06-2016 - TX)

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