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Texas Fiduciary Duty Law
 

Kenan Russell Schafer v. The State of Texas

The complainant, L.T., was a ten-year-old girl who lived with her mother, twin brother, and her stepfather, Appellant, in a mobile home park. Her older brother lived with them intermittently. Sometime in the spring or summer of 2012, Appellant began to tickle L.T. on her abdomen. The tickling moved to her “breast area.” On five to seven occasions, L.T. would see Appellant at her bedroom window... More...   $0 (06-16-2018 - TX)

IN RE DAVID CHRISTOPHER HESSE, RELATOR

Alleged Election Night Domestic Assault Has Local Attorney and Obama Fan Facing Felony Charge

Relator is an attorney practicing criminal defense work in Amarillo, Potter County,
Texas. On April 8, 2016, while acting in that capacity as retained counsel for Adoun
Phommivong, in a criminal prosecution pending in the 251st District Court, Relator was
held in contempt by the Honorable Ana E. Estevez for using language that Judge Estevez
deemed inappropriate for proper cour... More...
   $0 (06-16-2018 - TX)

Glenn Rogers a/k/a Glenn Rodgers v. The State of Texas

As recently said in Obella v. State, 532 S.W.3d 405 (Tex. Crim. App. 2017), it is
the duty of a court of appeals to ensure that alleged error was preserved before
addressing the merits of that error. Id. at 407. Indeed, preservation appears to be a
systemic requirement that “a first-level appellate court should ordinarily review . . . on its
own motion.” Archie v. State, 221... More...
   $0 (06-16-2018 - TX)

Adareius Johns v. The State of Texas

Texas Court of Appeals, Seventh District

In the early morning hours of June 20, 2016, Alexander Johns, Appellant’s brother,
was awoken by someone knocking on the front door of his house. When he answered
the door, he discovered that Appellant was there seeking his help because he believed
someone had planted marihuana in his vehicle. After Alexander disposed of the
marihuana, Appellant became upset because he wanted... More...
   $0 (06-15-2018 - TX)

Landry Rountree v. Troy Dyson, City of Beaumont

Eastern District of Texas Federal Courthouse - Beaumont, Texas

Landry Rountree appeals the dismissal of his 42 U.S.C § 1983 and related state-law claims against the City of Beaumont and Beaumont Police Sergeant Troy Dyson. We affirm the judgment of dismissal.
I.
Rountree owns a towing business and, for thirty years, participated in Beaumont’s non-consent tow rotation. For an accident that disables a car, the
United States Court of Appeals
Fift... More...
   $0 (06-15-2018 - TX)

Wilberto Arrellano v. The State of Texas

Complainant Eduviel Zarco-Ramirez went out with friends, including his
roommate Rafael Pineda, his brother-in-law Juan Estrada Gonzalez, and Juan’s
brother Apolonio. Arriving at a seafood restaurant at approximately 1:00 A.M.,
they ordered food and beer. Another group of men and women was seated at a
nearby table. Zarco-Ramirez sang karaoke as his friends sang along from their ... More...
   $0 (06-14-2018 - TX)

Jose Angel Enriquez v. The State of Texas

Lynaugh Unit, TDC, Fort Stockton, TX

In September 2013, Enriquez pleaded guilty to four counts of assault family violence. The
district court sentenced him to eight years’ confinement, but probated the sentence to eight years’
of community supervision.
In July 2015, the State moved to revoke Enriquez’s community supervision on multiple
grounds. On appeal, the State disclaims several of its original rationales f... More...
   $0 (05-31-2018 - TX)

James Harold Moon v. The State of Texas

Land Surveyor Trevor Trentham testified that on July 5, 2016, he and his partner were
attempting to survey a piece of property located in Fannin County. The property was located north
of Moon’s property. Due to problems with completing the survey, Trentham moved to Moon’s
property “to solve the boundary of the property [he was] working on.” While Trentham was
working on the ... More...
   $0 (05-30-2018 - TX)

Sidney Alex Work v. The State of Texas

As set out above, Work was charged with possession of a controlled substance in a
drug-free zone and tampering with evidence, and those charges stemmed from a traffic stop of
Work’s truck that was initiated by Officer James Purcell. Work was driving the truck at the time of
the traffic stop, and Marla Morgan was riding in the passenger seat. During the trial, the following
witnes... More...
   $0 (05-28-2018 - TX)

Clyde Everett Reed v. The State of Texas

As set out above, Reed was charged with two counts of aggravated sexual assault.
Both counts involved the same alleged victim, “Stacy Cooke.” During the trial, the State called 2
various witnesses to the stand, including several law-enforcement officers and Cooke. In her
testimony, Cooke stated that she heard noises in her apartment on the night in question and went to
investigat... More...
   $0 (05-28-2018 - TX)

Juan Carlos Aguero v. The State of Texas

On the first day of trial and before jury selection, Aguero rejected the State’s plea
bargain offer. After jury selection, Aguero entered an open plea of guilty to the district court, the
court admonished Aguero about his plea and scheduled Aguero’s sentencing for the following
month. Given Aguero’s plea of guilty, the court found that Aguero’s $40,000 bond was insufficient
and d... More...
   $0 (05-28-2018 - TX)

Jonathan Ashley Butler v. The State of Texas

One day in February 2016, M.P. (Mother) informed Pedro Soltero, a
detective with the Grapevine Police Department, of her concern that her nine
year-old daughter A.M. (Amy) was engaged in improper communications with
Butler.3 Mother told Detective Soltero that she had found flirtatious text
messages between Amy and Butler, who was the father of one of Amy’s friends.
Mother... More...
   $0 (05-28-2018 - TX)

Darnyl Roberts Henderson v. The State of Texas

Texas Court of Appeals, Second District Courthouse - Fort Worth, Texas

In 2000, Appellant was convicted of aggravated sexual assault of a child
under 14 years of age, a “reportable conviction.” Appellant is thus required to
annually register as a sex offender for the rest of his life. Upon his release from
prison, Appellant registered as a sex offender with the Fort Worth Police
Department (FWPD), and as of June 2, 2015, Appellant’s registered a... More...
   $0 (05-28-2018 - TX)

Gloria Bustillos v. El Paso County Hospital District, et al.

Western District of Texas Federal Courthouse - El Paso, Texas

This case stems from a series of increasingly intrusive body searches performed by state medical staff during a border stop in El Paso, Texas. The district court dismissed Appellant’s claims based on qualified immunity, failure to allege a valid claim for county liability under § 1983, and failure to meet Texas state tort standards. We affirm.
BACKGROUND
I. The Search and Seizure
Appel... More...
   $0 (05-25-2018 - TX)

Cameron William Barela v. The State of Texas

In October 2014, Barela, a licensed peace officer in the State of Texas, went
to Z Auto Place in Katy to purchase a car for $15,000. Jorge Ibarra was the sales
manager of Z Auto Place that worked with Barela. At the time Barela attempted to
buy the car, Ibarra understood that Barela worked for the City of Onalaska Police
Department as well as worked other part-time jobs, to whi... More...
   $0 (05-17-2018 - TX)

Brian Thomas Spinks v. The State of Texas

Brazoria County Sheriff’s Department (“BCSD”) Deputy B. Harper, the
complainant, testified that while he was on patrol on April 9, 2016, he was
dispatched to investigate a “suspicious person” walking around a construction site
adjacent to the volunteer fire department and the surrounding neighborhood on
Demi-John Island in Brazoria County, Texas. When Harper arrived at the sce... More...
   $0 (05-15-2018 - TX)

William Walley v. The State of Texas

The State charged Appellant with two counts of aggravated sexual assault against K.C.1 The indictment alleged that Appellant intentionally and knowingly caused the penetration of (1) the sexual organ of K.C., a person who was then and there a disabled individual, by the defendant’s sexual organ, without the consent of K.C., and (2) the mouth of K.C., a person who was then and there a disabled indi... More...   $0 (05-11-2018 - TX)

Jamie Lee Bledsoe v. The State of Texas

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After a jury found Jamie Lee Bledsoe guilty of burglary of a building and made findings
that he had two prior felony convictions, thus enhancing his range of punishment, the trial court
sentenced him to twenty years’ imprisonment. Bledsoe appeals, claiming improper sentence
enhancement based on insufficient notice and insufficient evidence and also claiming fundamental
error b... More...
   $0 (05-08-2018 - TX)

The State of Texas v. Primo Tarin

The record reflects that on September 24, 2015, Primo Tarin was charged by information
with the misdemeanor offenses of driving while intoxicated and obstructing a highway. On
September 29, 2015, Tarin filed a Motion for Discovery, Production, and Inspection of Evidence.
On June 10, 2016, the trial court granted Tarin’s motion in part, but denied his request for
information rel... More...
   $0 (05-06-2018 - TX)

United States of America v. Bobby Dwayne Fillmore

Western District of Texas Federal Courthouse - San Antonio, Texas

Bobby Dwayne Fillmore pled guilty to conspiracy to maintain a chop shop in the Dallas, Texas, area. The district court issued a within-Guidelines sentence of 51 months based partly on a two-level enhancement for being “in the business” of receiving and selling stolen property. We conclude Fillmore was not “in the business,” and thus we VACATE in part and REMAND for re-sentencing. As to other rulin... More...   $0 (05-05-2018 - TX)

Richard Earl Taylor v. The State of Texas

The State’s evidence at trial established that on November 25, 2016, Appellant
spat in the face of a correctional officer while being moved to a change-out room to
shower at the Hale County Jail. Appellant was agitated, seemed angry, and was yelling.
The officer testified that by his behavior, Appellant meant to assault, harass, or alarm him.
After the incident, Appellant wa... More...
   $0 (04-29-2018 - TX)

Jason Allen Strutz v. The State of Texas

The jury heard evidence that Charles Goodwin, a gas station attendant at H.E.B.
supermarket, observed a brown car fueling at one of the pumps. The car started to leave without
paying, so Goodwin exited the booth, approached the car, and asked the driver to pay for the gas.
Goodwin said that the driver ignored him, and, as the car drove off, Goodwin banged on the roof of
the car a... More...
   $0 (04-29-2018 - TX)

Florencio Martinez Sanchez v. The State of Texas

Sanchez and C.C. are brothers-in-law who lived close to one another.
C.C. is married to C.F., and they have three children, S.C., D.C., and Y.C.
Sanchez also has three children, and Sanchez’s and C.F.’s children would often
play together at each other’s houses.
On June 21, 2014, C.F.’s children were at Sanchez’s house playing video
games with two of his children. Sanc... More...
   $0 (04-29-2018 - TX)

United States of America v. Karen D'Onofrio v. Vacation Publications, Inc. d/b/a Vacations To Go

Southern District of Texas Courthouse - Houston, Texas

In this employment dispute, Karen D’Onofrio sued her former employer,
Vacations to Go (“VTG” or “Vacation”), a division of Vacation Publications, Inc.,
the largest seller of ocean-going cruises in the world, for interfering with her
rights under the Family Medical Leave Act. Vacation counter sued, alleging
that Karen and her husband, Michael D’Onofrio, breached Karen’s covenant
... More...
   $0 (04-24-2018 - TX)

Roderick Dunan v. The State of Texas

As set out above, Dunan was charged with robbing Brodhead. During the trial,
Brodhead, Dunan, and Dr. John Fabian were called to the stand to testify. In addition, various audio
and video recordings were admitted into evidence and played for the district court.
After being called to the stand to discuss the events in question, Brodhead explained
that she saw Dunan in the parking ... More...
   $0 (04-24-2018 - TX)

George Matthew Sapp v. The State of Texas

Sapp lived with his common-law wife Priscilla2 and their three daughters:
Emily, who was seven years old; Brooke, who was six years old; and Allison,
who was five years old. While attending church, Sapp and Priscilla met a
nineteen-year-old woman named Dusti who told them that she was having some
problems at home, and they allowed her to move in with them.
Shortly afte... More...
   $0 (04-24-2018 - TX)

Truitt Russell Cook v. The State of Texas

Appellant does not challenge the sufficiency of the evidence so we will mention
only so much of the background facts as necessary for our disposition of his issues. On
February 12, 2015, appellant and Tianna Insall robbed the A1 Smoke Shop in rural
Tarrant County. They wore dark glasses and bandannas. Appellant carried what the two
store employees called “a gun.” Once insid... More...
   $0 (04-19-2018 - TX)

Salvador Zarate v. The State of Texas

The State’s first witness was Starr County Sheriff’s Officer Justin Falcon. Officer Falcon
testified that he was working in the jail, on December 24, 2014, when he received a call from
Justice of the Peace Salvador Zarate Jr. instructing him to reduce the bonds for both Daisy Rich
and Harry Rich from $30,000.00 each to $5,000.00 each. Officer Falcon explained that although
it... More...
   $0 (04-19-2018 - TX)

Samuel Hal Wade v. The State of Texas

65 Years: Judge Goodwin Drops the Hammer on Sex Offender By Revoking Probation

Appellant Samuel Hal Wade was placed on deferred adjudication community
supervision after he pled guilty to three counts of aggravated sexual assault of a child for sexual
abuse perpetrated against his two biological daughters. See Tex. Penal Code § 22.021(a)(1)(B),
(2)(B); Tex. Code Crim. Proc. art. 42A.101. Subsequently, the trial court granted the State’s 1
motions to adjudica... More...
   $0 (04-18-2018 - TX)

Milton Rolando Paz v. The State of Texas

In February 2011, Appellant was the father to two young children, a thirteen
month-old girl and a one-month-old girl. During that month, Appellant’s wife had
to leave town for work. A friend agreed to care for the infant while the wife was
away. The wife’s work trip got extended. The friend caring for the infant had to
return her to Appellant because the friend also had to g... More...
   $0 (04-18-2018 - TX)

Cheryl Currid v. Coit Cleaning & Restoration Services

First District Court of Appeals of Texas - Houston, Texas

This is an appeal from a reformed decree of divorce and property division rendered after a bench trial. In his first, second, and third issues, appellant, Troy Lee Christensen, argues that the trial court abused its discretion by dividing the marital property between appellee, Christina Christensen, and himself because the division
2
was not a fair and equitable apportionment of the commun... More...
   $0 (04-12-2018 - TX)

Cheryl Currid v. Coit Cleaning & Restoration Services

First District Court of Appeals of Texas - Houston, Texas

Appellant, Cheryl Currid, appeals from the trial court’s summary judgment in favor of appellee, Coit Cleaning and Restoration Services (“Coit”), on Coit’s suit on a sworn account1 and alternative claims for breach of contract, quantum meruit, and
1 See TEX. R. CIV. P. 185.
2
unjust enrichment. In two issues, Currid contends that the trial court erred in not compelling the parties to ar... More...
   $0 (04-17-2018 - TX)

Robert Alan Hawkins v. The State of Texas

Robert Alan Hawkins was charged by indictment with the offense of retaliation. The
Honorable Eddie Northcutt, trial judge for the 8th Judicial District Court, was named as the victim
in the case. He also impaneled the grand jury that returned the indictment against Hawkins.
Following a jury trial, Hawkins was found guilty of the charged offense and sentenced to five
years’ i... More...
   $0 (04-15-2018 - TX)

Adrian Jerome Parker v. The State of Texas

Adrian Jerome Parker rendered his open guilty plea to the trial court in Gregg County, on
all four counts of the indictment against him, and pled true to a sentence-enhancement allegation.
The trial court found Parker guilty of all four charges, found the enhancement allegation true, and
sentenced Parker to forty-five years’ imprisonment on each of Count I (engaging in organized More...
   $0 (04-15-2018 - TX)

Mark Lyn Broadaway v. The State of Texas

Appellant was arrested on October 18, 2014, for misdemeanor driving while
intoxicated. The following day, appellant requested a court-appointed attorney and provided an
affidavit of indigence. On the form affidavit, appellant swore that he was “self employed (side
jobs),” that his monthly income was $600, and that he had “available” cash of $500 and $1,200, and
that he had “$4,00... More...
   $0 (04-14-2018 - TX)

Larry Paul McLeod v. The State of Texas

Margie Wurm stored several items in a unit of a U-Haul storage building in Smith County, Texas. Wurm installed a padlock on the door of her unit to protect her belongings. UHaul monitored the area through the use of both staff and video. Wurm did not provide consent to anyone to enter her unit or to take her belongings from it. Despite these precautions, someone broke into Wurm’s storage unit... More...   $0 (04-12-2018 - TX)

IBradley Vencent Cheeks v. The State of Texas

Registered Sex Offender

On June 28, 2016, Tyler Police Department Officer Ben Jordan, while on patrol, observed a vehicle with an expired registration sticker and initiated a traffic stop. Appellant was the owner and driver of the vehicle. Brenton Coe was the passenger. Officer Jordan noticed that Appellant and Coe acted nervously, and asked Appellant for consent to search the vehicle, to which Appellant replied in th... More...   $0 (04-12-2018 - TX)

Mystee Lynn Jackson v. The State of Texas

Mystee Lynn Jackson pled guilty to possession of a controlled substance,
methamphetamine, under one gram. See TEX. HEALTH & SAFETY CODE ANN. § 481.115(b)
(West 2017). An adjudication of guilt was deferred and Jackson was placed on
community supervision for three years. Pursuant to a motion to proceed with
adjudication, Jackson’s community supervision was revoked and Jackson ... More...
   $0 (04-12-2018 - TX)

Santos Victor Ruiz, Jr. v. The State of Texas

In his first issue, Ruiz contends that the trial court abused its discretion by denying
his motion for continuance “sought due to the State belatedly providing a wealth of
information concerning the charged offense and various extraneous offenses allegedly
committed by Ruiz.” We disagree.
Where denial of a continuance has resulted in representation by counsel who was not prepa... More...
   $0 (04-12-2018 - TX)

Daniel Antonio Ferrer v. The State of Texas

On May 23, 2015, complainant Francisco Capetillo-Medina was shot to death in broad daylight in front of a convenience store. Investigating officers were able to obtain surveillance video of the shooting, but the investigation stalled until investigators received a Crime Stoppers tip implicating appellant. Appellant was subsequently charged with the offense of murder pursuant to section 19.02 of ... More...   $0 (04-10-2018 - TX)

 
 
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