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Texas Fiduciary Duty Law
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)

Armin Martinez v. The State of Texas

During the hearing the trial court conducted on Martinez’s motion to
suppress, the officer who stopped Martinez described in detail the events that resulted in Martinez’s car2 being searched. According to the officer, who is
employed by the Liberty County Sheriff’s Department, he stopped Martinez’s car
to investigate his suspicion that the car had an obscured rear license plate. See... More...
   $0 (08-05-2016 - TX)

Bruce Denis Young v. The State of Texas

The material facts of the case and the evidence adduced at trial are known to the
parties and need not be stated here because of the nature of appellant’s issue. At trial,
appellant did not request that the court include a lesser-included-offense instruction in
the jury charge, nor did he object to its omission from the charge. Following his
conviction appellant timely notice... More...
   $0 (08-04-2016 - TX)

David Edward Muir v. The State of Texas

Appellant waived a jury and pleaded guilty to possession of child pornography. See TEX.
PENAL CODE ANN. § 43.26(a)(1), (d) (West Supp. 2015). After finding appellant guilty, the trial
court sentenced him to five years’ imprisonment and assessed a $2,500 fine. A year later, the
trial court granted appellant’s motion for shock probation and probated the sentence for ten
years.... More...
   $0 (08-04-2016 - TX)

Daniel Mavero v. The State of Texas

Appellant was charged by information with violation of a protective order. The
information alleged appellant intentionally or knowingly communicated with J.S., “a protected
individual and a member of the family and household, by contacting [her] via telephone . . . in
violation of an order issued by the 330th District Court . . . under authority of Section 6.504 and
Chapter 8... More...
   $0 (08-03-2016 - TX)

Antwon Carter v. The State of Texas

Appellant’s sole point of error is phrased as follows: “The trial court erred in allowing
the State [to] introduce evidence that was more prejudicial than probative which was offered
under Rule 404.”
The indictment alleged that on or about January 18, 2013, appellant “did then and there
intentionally and knowingly cause the death of an individual, namely, Waddell Roberts, b... More...
   $0 (08-03-2016 - TX)

Emajin Trevon Jackson v. The State of Texas

At approximately 1:00 a.m., after returning from Houston, Sheila Etonga was alone in her
apartment complex parking lot. She was removing her suitcase and backpack from the trunk of
her car when a young man, later determined to be Jackson, came toward her. Jackson asked to
use her cell phone and Etonga said, “No.” Jackson told Etonga that he had been locked out of
the house a... More...
   $0 (08-02-2016 - TX)

James Carl Schmidt v. The State of Texas

The incident from which appellant’s conviction arose occurred when police responded
to a welfare check after a 9-1-1 call reported appellant was standing in a parking lot, “acting kind
of strange.” Officers Andres Spivey and Jeff Freeman were among others that responded to the
call. Spivey testified that he approached appellant and engaged him in conversation to assess the
s... More...
   $0 (08-02-2016 - TX)

Romeo Longoria, et al. v. Exxon Mobil Corporation, et al.

In the underlying lawsuit, appellants claim that their ancestor, Jose M. Longoria, acquired
an undivided one-half interest in 9,200 acres of land in Brooks County, Texas, in the 1800s. In
their petition, appellants allege that Longoria’s ownership interest was not recognized in subsequent conveyances and judgments. Appellants further allege that the defendants,2 who either
hold or h... More...
   $0 (08-02-2016 - TX)

Jose Carlos Leal v. The State of Texas

Leal is the life partner of the biological uncle of the complainant, R.C. R.C. and his family
lived with R.C.’s uncle and Leal for several years. In addition, after R.C. and his family moved
into their own home, Leal and R.C.’s uncle continued to care for R.C. and one of his brothers on
weekends and for extended periods of time during the summer.
When R.C. was ten years old ... More...
   $0 (08-02-2016 - TX)

James Nicholas Guzman 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 (07-31-2016 - TX)

Roger Fountain v. The State of Texas

On July 9, 2011, Fountain and his family hosted a birthday party for
Fountain’s daughter at Hawaiian Falls waterpark in The Colony. Evan Barnett,
the regional manager of Hawaiian Falls, testified that near the end of the day on
July 9, 2011, a “guest concern” was brought to his attention: a guest was
treating a Hawaiian Falls “birthday host” in a derogatory manner. Barnett <... More...
   $0 (07-31-2016 - TX)

United States of America et al v. Preferred Imaging Centers, L.L.C.

Dallas, TX - Prefered Imaging, LLC to Pay $3,510,000 to Resolve False Claims Act Allegations

Preferred Imaging, LLC, (Preferred Imaging), a provider of diagnostic imaging services, has agreed to pay $3,510,000 to resolve allegations that it improperly billed Medicare and Medicaid for services performed without proper medical supervision in violation of the False Claims Act and the Texas M... More...
   $3510000 (11-30--0001 - TX)

Toni Joe Whitehead v. The State of Texas

Around 4:30 in the afternoon on July 3, 2014, Trooper Travis Alewine, an
officer with the Texas Department of Public Safety Highway Patrol, observed a
pickup truck speeding over the posted speed limit of 35 miles per hour2 on Soda
Springs Road in Parker County. He activated his patrol vehicle lights and
initiated a traffic stop for speeding.
As Trooper Alewine approach... More...
   $0 (07-30-2016 - TX)

Patricia Elizabeth Harkcom v. The State of Texas

On New Year’s Eve in 2011, Department of Public Safety Trooper
Benjamin Chase Neville pulled over a car in which appellant was a passenger
because it did not have a working license plate lamp. Upon walking to the car,
Trooper Neville saw a sealed black bag in the rear seat. Trooper Neville asked
the driver, Julie Underhill, to follow him back to his patrol car to run her driv... More...
   $0 (07-30-2016 - TX)

Arnold Ray Lamotte v. The State of Texas

Appellant Arnold Ray Lamotte, Jr., was charged with theft-by-check in the
amount of $20 or more but less than $500, a Class B misdemeanor.1 A jury found
Lamotte guilty and assessed his punishment at 180 days in jail and a $2,000 fine.
On appeal, Lamotte contends in nine issues that (1) insufficient evidence supports
his conviction, (2) the trial court erroneously instructed t... More...
   $0 (07-30-2016 - TX)

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)

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