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Texas Fiduciary Duty Law

Jaime Joshua Salazar v. The State of Texas

Sex Offender

Jaime Joshua Salazar appeals his jury convictions for aggravated sexual assault of a child younger than fourteen years of age and indecency with a child by contact. See TEX. PENAL CODE ANN. § 21.11(a)(1) (West 2011), § 22.021(a)(1)(B)(i) (West Supp. 2016). The jury assessed Appellant’s punishment at confinement for a term of fifteen years in the Institutional Division of the Texas Department of C... More...   $0 (02-21-2017 - TX)

Aldo Ivan Blanco v. The State of Texas

On May 17, 2014, El Paso Police Department Officer James Morales and Officer
Lorenzo Ontiveros responded to an assault-family violence call on Sun Fire Street in El Paso,
Texas. They spoke with the victim, Nydia Garcia, regarding the events that took place. Garcia
appeared emotional, excited, and upset while talking to the officers. She related that her former
boyfriend, App... More...
   $0 (02-21-2017 - TX)

Luis Estrada v. The State of Texas

Sex Offender

In March 2015, Mother and her four young sons moved to McKinney, Texas to live with
appellant, who is her father and her children’s grandfather. On the night of June 15, Mother left
her sons in appellant’s care while she went to the emergency room for treatment of her back.
The next day, her four-year-old son, D.F.V., told her appellant made him “grab his dingaling”
and put h... More...
   $0 (02-21-2017 - TX)

Ruben Zavala v. The State of Texas

Shortly after midnight on March 13, 2015, on-duty San Antonio Police Officer Robert
Gaitan was driving on Military Drive in San Antonio, when he saw a car abruptly change lanes
and cut off another car. Gaitan initiated a traffic stop of the car that had performed the unsafe
maneuver. After the car stopped, Gaitan approached the driver of the car, who was Zavala, and
asked him h... More...
   $0 (02-20-2017 - TX)

John Jacob Toumey v. The State of Texas

Harris County Sheriff’s Office Deputy T. Kirkley testified that during the
evening of July 27, 2014, he was off-duty and visiting with a group of friends at
the Texas Saloon, a nightclub in Pasadena. Toward the end of the night, Kirkley
learned that one of his friends and appellant were arguing outside in the parking
lot. Kirkley went outside and attempted to diffuse the argu... More...
   $0 (02-19-2017 - TX)

Tuad Damonn Washington v. The State of Texas

A jury convicted appellant Tuad Damonn Washington as an habitual offender
of aggravated assault of a public servant with a deadly weapon, and the trial court
assessed punishment at life imprisonment. In eight appellate issues, Washington
challenges the sufficiency of the evidence that he intentionally or knowingly
threatened the victim, the sufficiency of the evidence supportin... More...
   $0 (02-15-2017 - TX)

Brandon Dinh Tran v. The State of Texas

Loan Tran, the widow of Hieu Huynh, testified that she was with her
husband, the owner of Nikki’s Lounge, when he died on September 1, 2012. She
recalled that at approximately 2:00 a.m., she and Huynh were closing up Nikki’s
Lounge when they were stopped by an individual outside the building who
demanded money from them. Loan testified she was unable to see the man’s face,
... More...
   $0 (02-15-2017 - TX)

United States of America v. Joseph Edmond Cleveland

Corpus Christi, TX - Military Man Sent to Prison for Human Smuggling

An active duty Army soldier has been ordered to federal prison following his conviction for smuggling two illegal aliens through a U.S. Border Patrol (BP) checkpoint. Joseph Edmond Cleveland, 25, of El Paso, pleaded guilty Nov. 29, 2016.

Senior U.S. District Judge Janis Graham Jack sentenced Cleveland to a 15-mo... More...
   $0 (02-09-2017 - TX)

Laquanda Antrones Matthews v. The State of Texas

On August 5, 2011, Officer E. Cisneros, a peace officer with the Texas City
Police Department, was working the front desk at the police station when he heard
a commotion. Someone later notified him that a woman with outstanding
municipal warrants was trying to leave the front lobby. Officer Cisneros, who was
wearing his uniform, testified that he went into the lobby and follo... More...
   $0 (02-07-2017 - TX)

United States of America v. Habiboola Niamatali

Sherman, TX - Texas Doctor Sentenced in Prescription Drug Conspiracy

A Dallas physician has been sentenced to federal prison for conspiracy to sell illegal prescriptions in the Eastern District of Texas.

Habiboola Niamatali, 75, of Dallas, was found guilty by a jury in July 2016 of conspiracy to distribute Hydrocodone, Alprazolam, and Promethazine with Codeine outside the usual c... More...
   $0 (02-04-2017 - TX)

Seth Dell Bird v. The State of Texas

Midland Police Department Officers Allen Chilson and Austin Poe were en route to a special assignment when they observed Appellant driving on a grassy area in front of a restaurant in Midland, Texas. They were surprised to see a vehicle being operated in such a manner and immediately suspected that the driver might be intoxicated. As a result, Chilson and Poe decided to initiate a traffic stop. ... More...   $0 (01-31-2017 - TX)

Coby Ray Hudgins v. The State of Texas

On the evening of October 5, 2013, Appellant had three guests in the home he shared with his fiancé, Kastina Anderson: Leea Anderson, Kastina’s sister; Kayla Williams, Leea’s best friend; and Gabriele Tucker, Appellant’s cousin. All were drinking alcohol, and at least two of the young women had smoked marijuana. According to the witnesses, the atmosphere was cordial and relaxed. Appellant said,... More...   $0 (01-31-2017 - TX)

Juan Antonio Gonzalez v. The State of Texas

This case arises from an incident involving the decedent (twenty-eight-year-old
policeman Jonathan Molina) and three youths (Juan Gomez, Alan Medrano, and Appellant). The
incident occurred while the youths were walking along the sidewalk of a busy residential street,
and Gomez was claimed to have “keyed” several parked vehicles, including that of the decedent.
Molina emerged ... More...
   $0 (01-30-2017 - TX)

Christopher Ian O'Brien v. The State of Texas

Nathan Pickett purchased a 300-acre parcel of land in Terrell County from Joan Winkler in
April 2011. The property included a cabin, running water, multiple deer blinds, and motorized
game feeders. Aoudad sheep had been found on the property since 2012. The property lies more
than 20 miles from the nearest highway. The final 10 miles is across a private road, which is
guard... More...
   $0 (01-30-2017 - TX)

Charles Darnell Smith v. The State of Texas

In 2012, the complainant, Alicia, was five years old and living in an apartment in east Harris County with her mother, Norma.1 Norma became friends with Margaret, who lived in the same apartment complex, and Margaret began babysitting Alicia. Margaret would babysit Alicia several days a week, and Alicia often stayed overnight. In March 2012, appellant moved in with Margaret. Margaret lived in a t... More...   $0 (01-24-2017 - TX)

Brenda Guadalupe Trevino v. The State of Texas

On November 29, 2013, a 911 dispatcher received a report that Appellant’s 17-year-old
sister was threatening suicide and had a knife. El Paso Police Officer James O’Connor was
dispatched to the home. The jury heard three different versions of what occurred at the residence.
Officer O’Connor’s Testimony Officer O’Connor testified that Appellant’s mother met him at the front door of... More...
   $0 (01-24-2017 - TX)

Edwin Odell Collins, Jr. v. The State of Texas

Appellant was indicted for murder. The State claimed Appellant intentionally or
knowingly caused Judith Collins’ death by shooting her a firearm. It further alleged that
Appellant, with intent to cause serious bodily injury to Judith Collins, committed an act “clearly
dangerous to human life” that caused her death.
Prior to trial, Appellant filed a motion to admit a poly... More...
   $0 (01-24-2017 - TX)

The State of Texas v. Nathaniel Jay Kaplan

Testimony at the hearing on Kaplan’s motion to suppress showed that, on an
evening in January 2015, officers Coborn and McHugh of the Stratford, Texas police
department initiated a traffic stop of Kaplan’s vehicle. Coborn was the only witness to
testify at the suppression hearing. He told the court the officers were northbound on
U.S. Highway 287 in Stratford, met appellant’s... More...
   $0 (01-24-2017 - TX)

Reginald Donell Rice v. The State of Texas

On December 9, 2014, Rice knocked on the door to Room 332 at the Orange Extended
Stay Hotel. When McCoy, also known as Dee or Dee-Skeet, answered the door, Rice pulled out
a handgun. McCoy tried to shut the door and then turned to run toward the window. Because he
was in fear for his life, McCoy jumped from the third-story window. He suffered cuts from the
broken glass, bro... More...
   $0 (01-23-2017 - TX)

John Joseph Foster v. The State of Texas

Sex Offender

The jury heard evidence that on the night of June 29, 2013, following a traffic stop,
Foster was arrested for driving while intoxicated. Evidence considered by the jury during trial
included the testimony of Deputy Grayson Kennedy of the Williamson County Sheriff’s Office,
who, while off-duty, claimed to have observed Foster’s vehicle commit multiple traffic violations;
Trooper Jo... More...
   $0 (01-23-2017 - TX)

Jerry Hartfield v. The State of Texas

Nearly four decades ago, a Wharton County jury convicted appellant Jerry Hartfield
of the capital murder of Eunice Lowe and assessed his punishment at death. On
automatic review, the Texas Court of Criminal Appeals found error related to the exclusion
of a potential juror, vacated Hartfield’s conviction, and ordered a new trial in its entirety.
In its motion for rehearing to ... More...
   $0 (01-19-2017 - TX)

Dane Alexander Dennison v. The State of Texas

Dane Alexander Dennison (Dennison or Appellant) was charged by
information with driving while intoxicated, level 0.15 or more, a class A
misdemeanor. See Tex. Penal Code Ann. § 49.04(d) (West Supp. 2016).1 A jury
found Dennison guilty. The trial court assessed punishment of 180 days of
confinement in the county jail and a fine of $1,500, and placed Dennison on
probation fo... More...
   $0 (01-18-2017 - TX)

Tremayne Alexander Johnson v. The State of Texas

After the trial court denied his motion to suppress evidence, appellant
Tremayne Alexander Johnson (Johnson or Appellant) pleaded guilty to one count
of possession of a controlled substance (namely cocaine) in the amount of four
grams or more but less than 200 grams with intent to manufacture/deliver, one
count of manufacture or possession of a controlled substance (namely
... More...
   $0 (01-18-2017 - TX)

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)

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