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Texas Fiduciary Duty Law
Leiroi Mickele Daniels v. The State of Texas

Appellant was indicted for the offense of misapplication of fiduciary property with a value over twenty thousand dollars and under one hundred thousand dollars. Tex. Penal Code Ann. § 32.45(b), (c)(5) (West 2010). The property at issue was a Mercedes-Benz automobile that was the subject of an asset forfeiture lawsuit in Harris County. The first paragraph of the indictment alleged that appellant... More...   $0 (05-25-2016 - TX)

Rafael Tellez Mendez v. The State of Texas

When D.R. was approximately five-years-old, her mother hired Mendez’s wife, Margarita
Mendez, to babysit D.R. while she worked in the evenings and early morning hours. One evening
D.R. told her mother that Mendez had “given her a massage” earlier that day, which she
demonstrated by rubbing her own genitals. After questioning D.R., D.R.’s mother believed
Mendez was sexually ab... More...
   $0 (05-25-2016 - TX)

Devany Charone Sneed v. The State of Texas

Appellant Devany Charone Sneed appeals from a judgment adjudicating
her guilty of assault causing bodily injury to a public servant in retaliation for an
official duty. See Tex. Penal Code Ann. § 22.01(a)(1), (b)(1) (West Supp. 2015).
Directing us to our opinion in Rains v. State, 678 S.W.2d 308 (Tex. App.—Fort
Worth 1984, pet. ref’d), Sneed complains that her due process and... More...
   $0 (05-23-2016 - TX)

Robert Elester Latham v. The State of Texas

Around 10:00 or 11:00 a.m. on October 29, 2012, Appellant arrived for a social visit at Connal Jennings’s apartment. In addition to Jennings, two other people were present in the apartment when Appellant arrived: Raimee Brown and Wayland Buddy Bailey. Brown testified that she, Appellant, Jennings, and Bailey all smoked methamphetamine together that morning. Sometime before noon, Brown was stabbe... More...   $0 (05-20-2016 - TX)

Ozumba Onwughalu Lnukx v. The State of Texas

On the evening of October 17, 2012, appellant was waiting for a bus to go home after
shopping at Aldi grocery store. Because it was a high-crime neighborhood, he carried concealed
handguns.2 He was sixty-six years old at the time and in poor health.
The events that subsequently transpired vary greatly between appellant, two eye
witnesses, and the complaining witness. We ... More...
   $0 (05-20-2016 - TX)

Cody John Holt v. The State of Texas

The factual background in this opinion is based on the evidence adduced at trial, the
evidence adduced during the hearing on Holt’s motion to suppress, and the trial court’s findings
of fact relating to that hearing. To the extent possible, the evidence from the hearing on the
motion to suppress and the trial is presented in chronological order.
Lisley Holt and Richard Romans ... More...
   $0 (05-20-2016 - TX)

Rodney Joe Garrett v. The State of Texas

On February 11, 2014, Derek Branning was driving north on Interstate 35 when he
recognized a white semi-truck that had been stolen from his workplace several weeks earlier.
Branning called 9-1-1 and continued to follow the truck until law enforcement officers arrived.
Bexar County Sheriff’s Office (“BCSO”) Deputy Derrick Crawford had been working
patrol in his marked police... More...
   $0 (05-19-2016 - TX)

Tamara Danielle Hines v. The State of Texas

On January 17, 2014, around 2:00 a.m., the store manager at Walmart received a tip that two females were acting suspiciously in the garden center of the store. The store manager went to the store’s asset-protection office to view the security video feed for that area. He saw two females in the garden center “throwing merchandise under the fence.”1 On the live video feed, the store manager saw o... More...   $0 (05-17-2016 - TX)

Raymond Ross Mormino, II v. The State of Texas

On January 23, 2012, McLennan County Sheriff’s Deputy Tyrone Caldwell was off
duty and exercising in a local park. Deputy Caldwell was hit by a vehicle driven by
Appellant and suffered severe injuries. Appellant fled the scene, but police received
information linking Appellant to the accident. Police went to Appellant’s residence and
located a vehicle containing pieces of h... More...
   $0 (05-16-2016 - TX)

Hector Martinez v. The State of Texas

Appellant worked as the bookkeeper for Desert Rock Company, Inc., a family-owned
landscape stone business. As part of his duties, Appellant was authorized to pay himself, and
many of the Desert Rock employees, by electronically transferring the payroll payments from
Desert Rock’s bank account directly into the employees’ bank accounts. About three years after
Appellant becam... More...
   $0 (05-16-2016 - TX)

Craig Rudy Reynolds v. The State of Texas

At trial, the State introduced three “pen packets” into evidence to prove that Reynolds was
previously convicted of three prior felony offenses as alleged by the State in its notice of intent to
seek an enhancement. The State’s primary witness, Investigator Ron Moe of the Comanche
County Sheriff’s Office, testified about the pen packets, which were admitted as State’s Exhibits
... More...
   $0 (05-16-2016 - TX)

Jovonish Davoe Arnold v. The State of Texas

On February 17, 2014, Officer Jermaine Brumsfield executed an arrest warrant for
appellant in the parking lot of a gas station. When appellant saw officers approaching, he
reached his hand towards his waistband and officers thought he had a weapon. Officers tackled
him to the ground and handcuffed him. Officer Brumsfield noticed a baggie of drugs in
appellant’s crotch area. ... More...
   $0 (05-16-2016 - TX)

Mark John McGee v. The State of Texas

Steven Winters, a retired San Antonio Police Officer and security guard at Brooks City
Base, found McGee in a facility on the base and arrested him. The State charged McGee with
burglary. The case proceeded to a trial by jury, which found McGee guilty. The trial court
sentenced McGee, suspended the imposition of the sentence, and placed McGee on community
supervision. McGee now... More...
   $0 (05-16-2016 - TX)

Sean Michael McGuire v. The State of Texas

This is a fatality DWI case. The driver, Sean McGuire, refused consent when
a police officer asked him to submit his blood for analysis of its alcohol
concentration. Despite his lack of consent, and without a warrant, the police officer
obtained a blood sample at a local hospital. The blood draw occurred
approximately 90 minutes after the collision and revealed an alcohol conce... More...
   $0 (05-15-2016 - TX)

Stephen Henry Hopper v. The State of Texas

Appellant was indicted on November 4, 1993, for a violent rape that
allegedly occurred on August 7 of the same year. At the time of the indictment, the
State was aware that appellant was no longer in Texas because the State had
already filed requests for detainers in both California and Nebraska.1
The record does not reveal what ever happened in California. What is clear,
howev... More...
   $0 (05-12-2016 - TX)

Walter Louis Jackson Junior v. The State of Texas

After receiving a tip from a confidential informant that appellant was selling drugs in the Katy area, the Fort Bend County Sheriff’s Department began an investigation in February 2012. By October, investigators believed they had gathered sufficient information to link appellant to apartment #10206 at The Residences at Cinco Ranch. On October 24, 2012, an investigator asked Officer Hricko to have ... More...   $0 (05-12-2016 - TX)

Jerry Flores v. The State of Texas

In 2011, Brian and Constance Bradley desired to purchase a house. Constance saw an advertisement on Craigslist for a house listed for sale by Appellant and his wife, Clare. Constance contacted Appellant, and the parties began negotiations for the purchase of the house by the Bradleys. The parties negotiated the terms of the purchase over multiple meetings. Brian testified that he asked Appella... More...   $0 (05-11-2016 - TX)

William Lee Lunday v. The State of Texas

Deputy Dustin Unruh of the Jefferson County Sheriff’s Office testified that
on June 8, 2014, he was dispatched to an address in Jefferson County regarding a
physical disturbance between a male and a female. Deputy Unruh testified that he
was in uniform and was driving his patrol car. Upon arriving at the address,
Deputy Unruh saw Lunday in a confrontation with a female in front... More...
   $0 (05-11-2016 - TX)

Tahronda Shanell White v. The State of Texas

Appellant was employed at a cell phone provider kiosk in a local grocery store in
Brownfield, Texas. The grocery store’s security camera footage shows appellant take
the till out from within the cabinet door and count the money on July 21, 2014. As she
counted and appeared to fill out paperwork, she also appeared to be doing some sort of
computer work. She placed what appear... More...
   $0 (05-11-2016 - TX)

Corey Hayes Parker v. The State of Texas

On August 2, 2012, eight officers of the Hunt County Sheriff’s Office executed a no-knock
search warrant at a two-bedroom mobile home in Hunt County. The officers were searching for
Parker and Kelli Locke. After a sheriff’s deputy broke down the home’s front door, officers used
flash-bang devices to stun and distract the trailer’s occupants while other officers entered the home. ... More...
   $0 (05-11-2016 - TX)

Jon Ray Finch v. The State of Texas

Appellant was indicted for murder after he shot and killed his supervisor Antral Franklin,
at a Williams Chicken restaurant. Although appellant claimed that he acted in self-defense when
Franklin tried to choke him, the jury disagreed and found him guilty of murder. After appellant
was sentenced to life imprisonment, he timely perfected this appeal.
II. Analysis
A. Issue... More...
   $0 (05-10-2016 - TX)

Shawn Michael Walker v. The State of Texas

Police officers were dispatched in response to a call concerning an armed man in a
van. The officers located the van matching the description in the dispatch call and initiated a traffic
stop. Appellant, who matched the description of the armed man, was seated in the front passenger
seat of the van. During the stop, the van was searched. Police discovered methamphetamine in
sev... More...
   $0 (05-10-2016 - TX)

Ever Rodriguez Gonzalez v. The State of Texas

The complainant testified that in July 2012, when she was twelve years old,
she spent more time than usual at her cousin’s house because her mother was
“work[ing] a lot.” Her cousin, Melissa, lived with the complainant’s aunt and
appellant, to whom the complainant’s aunt was married. The complainant explained
that she “listened” to appellant because she “really looked up to h... More...
   $0 (05-09-2016 - TX)

Kelvin Morris Jones Jr. v. The State of Texas

A Montgomery County grand jury issued true bills of indictment, accusing
appellant, Kelvin Morris Jones, Jr., of the offenses of possession of a controlled
substance, namely methamphetamine,2 and two “counts” of possession of child
pornography.3 After the trial court denied his motion to suppress evidence,
appellant, with an agreed punishment recommendation from the State, ple... More...
   $0 (05-09-2016 - TX)

Juan Jose Quintero v. The State of Texas

On June 4, 2013, John Hermesch met complainant Ronald Stelly at the Astro Inn in Houston. Hermesch and his friend, Lamar Davis, were staying the night at the motel and using drugs, including crack cocaine. The pair ran into Stelly, who was introduced to them as “Black.” Stelly and Hermesch used cocaine together and wanted to obtain more. Stelly and Hermesch then encountered appellant outside o... More...   $0 (05-03-2016 - TX)

Meliton Gonzalez v. The State of Texas

Pursuant to an open plea agreement, Gonzalez, who is not a citizen of the United States,
pleaded nolo contendere to the charge of sexual assault of a child. See TEX. PENAL CODE ANN.
§ 22.011(a)(2) (West 2011). The trial court assessed punishment of ten years’ confinement.
Gonzalez filed a motion for new trial in which he asserted ineffective assistance of
counsel. At the ... More...
   $0 (05-03-2016 - TX)

Roland I. Odom v. The State of Texas

Pursuant to a plea bargain agreement, Ronald I. Odom pleaded “guilty” to two counts of intoxication manslaughter. He further pleaded “true” to an enhancement paragraph. Appellant was sentenced to the agreed punishment of imprisonment for twenty years for each offense, to be served concurrently. Thereafter, Appellant filed a notice of appeal from the judgment of conviction and sentence. Appella... More...   $0 (05-01-2016 - TX)

Margaret Anne Hardison v. The State of Texas

Appellant worked as contract labor for Jimmi Barclay, whose business, Barclay Leasing
Service, provided landman services to various companies. Those services included locating
mineral owners by running the title to properties to determine the current owners, and then
contacting the owners and securing mineral leases on the property. Barclay had entered into a
partnership with... More...
   $0 (05-01-2016 - TX)

Chase Craig Hudson v. The State of Texas

The story of the conflict between Bobby and Hudson is one of two different tales. One of
these tales is the rendition of the interaction that unfolds as it occurs; the other tale of the conflict
is quite different when told in court by Bobby and Marie Casey, Hudson’s step-grandfather and
grandmother. It is uncontested from both viewpoints that a mid-thirty-aged, single Hudson had ... More...
   $0 (04-27-2016 - TX)

Brandon Bernard Battle v. The State of Texas

Misti Millican Black2 was a passenger in an automobile that was involved in a collision
with another car. Apparently, Black (who had an outstanding arrest warrant on theft by check
charges) fled the scene and was being sought by the Clifton, Texas, Police Department when she
turned herself in. She explained that immediately prior to the collision, she had purchased illicit
dr... More...
   $0 (04-27-2016 - TX)

Lucas Leonardo Perilla v. The State of Texas

In his second issue, Perilla challenges the sufficiency of the evidence to support the
convictions. He contends the complainant’s testimony was not credible enough to support the
judgment. We review a challenge to the sufficiency of the evidence on a criminal offense for which
the State has the burden of proof under the single sufficiency standard set forth in Jackson v.
Virgi... More...
   $0 (04-27-2016 - TX)

Oscar Rene Rivera v. The State of Texas

In the fall of 2012, 38-year old Rivera began a sexual relationship with
Jane,1 the 15-year old daughter of his childhood friend, Charles Hearn, and Isela
Hearn. At the time, Rivera was temporarily staying with the Hearns in their three
bedroom apartment. During trial, Jane testified about several incidents of sexual
activity between her and Rivera. Charles testified that, u... More...
   $0 (04-27-2016 - TX)

Jose Pablo Lopez v. The State of Texas

Twenty-two year-old Espinosa was murdered at his cousin Michelle
Rodriguez’s house shortly after midnight on June 18, 2001. According to
Rodriguez’s testimony, she answered a knock at her door, and two men asked for
Espinosa. Rodriguez woke Espinosa. Espinosa told Rodriguez he did not know
who they were and asked her to come to the door with him. Rodriguez testified
th... More...
   $0 (04-27-2016 - TX)

Adam Clementson v. The State of Texas

Because appellant does not challenge the sufficiency of the evidence to support
his conviction, we will recite only those facts necessary for an understanding of his
appellate issue. The indictment alleged appellant intentionally or knowingly caused bodily injury to
a Fort Worth police officer, Boyd Latham, by charging, pushing or grabbing him while
the officer was lawfully dis... More...
   $0 (04-20-2016 - TX)

United States of America v. Belia Mendoza, Margarita Hernandez and Denise Duchene

El Paso, TX - Three Texas Tax Return Preparers Sentenced to Prison for Filing False Tax Returns - Defendants Prepared Tax Returns for Clients that Contained False and Inflated Expenses and Credits

Three El Paso, Texas, residents were sentenced to prison for preparing and conspiring to prepare false income tax returns, announced Acting Assistant Attorney General Caroline D. Ciraolo of the ... More...
   $0 (04-20-2016 - TX)

Gary Lynn Baker v. The State of Texas

When Baker’s former stepdaughter, A.H., was fifteen, she told her mother, Josefina, that
Baker had repeatedly sexually assaulted her over a period of years when she was younger. A.H.
testified that Baker began assaulting her after he began living with her, her sister, and Josefina in
Galveston, when A.H. was five or six years old. The assaults continued after they moved to San More...
   $0 (04-20-2016 - TX)

Amanda Michelle Mandelbaum v. The State of Texas

Irving police officers David Pevey and Jon Graves responded to a call regarding possible
credit card fraud at a hotel. The hotel clerk and the police officers went to the first of two rooms
rented with the card, which was unoccupied, but a sweater left on the floor gave Officer Pevey
the impression someone had rushed out of the room. The hotel clerk and police officers moved
... More...
   $0 (04-17-2016 - TX)

Charles Edward Hall v. The State of Texas

The jury convicted Charles Edward Hall of aggravated assault with a deadly weapon. The jury also found the enhancement allegation “true.” The jury assessed Appellant’s punishment at confinement for twelve years and a fine of $1,000, and the trial court sentenced Appellant accordingly. We affirm. On the day of the offense, Appellant stopped at McLloyd’s Spirits, a liquor store in Midland, on his... More...   $0 (04-14-2016 - TX)

Scott F. Cree v. The State of Texas

Scott F. Cree appeals his jury conviction for burglary of a habitation. The jury assessed punishment at confinement for a term of seventy years in the Texas Department of Criminal Justice, Institutional Division, and a fine of $5,000. In three issues on appeal, Appellant contends that the trial court erred in admitting a written statement from the alleged victim, that without the erroneously adm... More...   $0 (04-14-2016 - TX)

Armando Salgado v. The State of Texas

The State charged Armando Salgado with online solicitation of a minor.
Salgado filed an application for writ of habeas corpus, in which he argued that
section 33.021(c) of the Texas Penal Code is unconstitutionally overbroad and
vague, and violates the Dormant Commerce Clause. The trial court denied
Salgado’s application. In three appellate issues, Salgado maintains that sectio... More...
   $0 (04-14-2016 - TX)

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