East Texas Appeals Lawyer and Attorney

Category: Jury Charge

Evidence

Watch out!

Posted on August 25, 2008February 19, 2020 by admin

Morales v. Dougherty and Mabe, dba Top Gun Trucking (Published Memo): Here’s one for the personal injury practitioners.  Truck wreck case upholding the submission of a sudden emergency…

Criminal Law

Effective assistance of counsel

Posted on August 5, 2008February 20, 2020 by admin

Floyd v. State (Unpublished Memo): There was no factual basis to support a Tex. Code Crim. Proc. Ann. art. 38.23(a) jury instruction, thus a failure to…

Criminal Law

What time is it?

Posted on July 6, 2008February 21, 2020 by admin

Carter v. State (Unpublished Memo): Conviction for intoxication manslaughter stands even though the defendant’s intoxication may not have been the only cause of the victim’s death. …

Criminal Law

It doesn’t matter what you thought.

Posted on June 23, 2008February 21, 2020 by admin

Ingram v. State (Published): Ingram was convicted of burglary of a habitation.  Based on a prior burglary conviction, his punishment range was enhanced, and he was…

Criminal Law

Must have been a really bad day (or two).

Posted on June 1, 2008February 21, 2020 by admin

Blanton v, State (Unpublished Memo): Burglary of a habitation conviction affirmed because Blanton only presented the Reporter’s Record from the first day of a three day…

Jury Charge

Notarios and Preservation of Error

Posted on March 31, 2008February 24, 2020 by admin

Avila v. State (Published): In some Spanish-speaking countries, a “notario” is a legal advocate. Playing on this, some notaries in Texas (and elsewhere) have taken up…

Criminal Law

Father gives up son’s murder weapon.

Posted on March 26, 2008February 24, 2020 by admin

Middleton v. State (Unpublished Memo): On the evening of Easter Sunday, 2006, Middleton fired a great number of rounds with his AK-47. He didn’t kill the…

Criminal Law

The egregious harm occurred before trial.

Posted on February 29, 2008February 24, 2020 by admin

Garcia v. State (Unpublished Memo): Garcia appeals four counts of sexual assault of minors and a single indecency with a child charge.  At trial, Garcia agreed to a jury…

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