Appellant First American Life Insurance Company, through counsel for its Special Deputy Receiver, has filed an unopposed motion to dismiss this appeal. We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1)...  

Appellant First American Life Insurance Company, through counsel for its Special Deputy Receiver, has filed an unopposed motion to dismiss this appeal. We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1)...  

A jury assessed life imprisonment for John Wesley Walsh after convicting him of burglary of Stan Burks' residence, enhanced by prior convictions of murder and burglary of a building. Walsh appeals the trial court's judgment on the grounds that insufficient evidence supported his conviction, his counsel rendered ineffective assistance, and the trial court erred in allowing the jury to assess punishment. In affirming the trial court's judgment, we find the evidence sufficient, conclude counsel...  

The State charged defendant David Caballero with family violence assault after he allegedly assaulted JoAnn Hernandez on April 1, 2009. See Tex. Penal Code Ann. § 22.01 (West Supp. 2009). At the conclusion of trial, the jury found Caballero guilty and assessed punishment at 40 years' imprisonment. In his first and second points of error on appeal, Caballero argues that the evidence was legally and factually insufficient to show that Caballero was in a dating relationship with Hernandez at...  

Chaka Johnson was indicted for the capital murder of Hidi Gower. See Tex. Penal Code Ann. § 19.02(b)(1) (West 2003) (defining murder), § 19.03(a)(3) (West Supp. 2009) (explaining that person commits capital murder when he commits crime for promise of remuneration). The jury found Johnson guilty, and Johnson was sentenced to life in prison. On appeal, Johnson challenges the legal and factual sufficiency of the evidence supporting his conviction. Johnson also alleges that the district...  

In October 2009, the trial court found that appellants Tabetha Seiler and David Vidaure were not indigent and signed orders removing their appointed attorneys from the case. In December we informed appellants that the reporter's record was overdue. In February, we informed them that their briefs were overdue and that the appeal was subject to dismissal for want of prosecution if the briefs were not filed by March 8, 2010. To date, appellants have not filed a brief, paid their fees, arranged for...  

On November 23, 2009, the Court issued its opinion and judgment in this case. Appellant, WPS, Inc. ("WPS"), moved for rehearing, and appellee, EnerVest Operating, L.L.C. ("Evervest"), responded. We grant WPS's rehearing motion, withdraw our opinion and judgment of November 23, and issue this opinion and judgment in their stead, although the disposition of the case remains unchanged... WPS appeals a final judgment, rendered upon trial to the jury and to the bench, in favor of...  

This appeal concerns a telephone book advertisement and two website advertisements by a Texas attorney, appellant, Joe Alfred Izen Jr., who was prosecuted by the appellee, the Commission for Lawyer Discipline (the "Commission"). Izen appeals the judgment that suspends his license to practice law, probated for 24 months, for various violations of the Texas Disciplinary Rules of Professional Conduct (hereafter, "the Rules"). In six issues challenging the jury's verdict and the...  

Should a party who relies on a then-valid procedural argument in the court of appeals be able to assert substantive arguments if this Court invalidates the procedural argument while the case is pending? We answer yes... Leila and Alvin Hidalgo were divorced in California in 2002, and the divorce decree required Alvin to obtain life insurance with Leila as beneficiary. Leila filed the California decree in Texas state court as a foreign judgment. See TEX. CIV. PRAC. & REM. CODE § 35.003. In...  

This health-insurance subrogation case turns on two rudimentary principles:... 1. A trial court abuses its discretion when it invokes the equitable "made whole" doctrine to circumvent a party's contractual right to subrogation... 2. A trial court may not cut a party out of a settlement where the settlement purports to resolve that party's claim, and the party participated in the proceedings and requested an allocation... As the court of appeals' decision runs counter to both these...  

Bobby Wayne Wilkinson waved a jury and pleaded guilty to credit card abuse. See Tex. Penal Code Ann. § 32.31(b)(1) (Vernon Supp. 2009). The trial court assessed punishment at twenty-one months in a state jail facility and a $1500 fine. In a single point of error, appellant contends the trial court abused its discretion by sentencing him to imprisonment. We affirm. The background of this case and the evidence adduced at trial are well known to the parties, and therefore we limit recitation...  

Gregory Lester Smith appeals following the adjudication of his guilt for theft and failure to register as a sex offender. In a single issue, appellant contends the trial court abused its discretion in proceeding with the adjudication of guilt in both cases. We affirm the trial court's judgments... Appellant waived a jury and pleaded guilty to theft of property valued at $200,000 or more and failure to register as a sex offender. See Tex. Penal Code Ann. § 31.03(a), (e)(7) (Vernon Supp....  

Walter Richard Franklin appeals from the revocation of his community supervision. In two points of error, appellant contends he was denied due process because the trial court predetermined the punishment, and the written judgment failed to accurately reflect the conditions of community supervision he was found to have violated. We affirm the trial court's judgment as modified... Background... Appellant waived a jury and pleaded guilty to burglary of a building. See Tex. Penal Code Ann. §...  

John Kelsey Lundy appeals the revocation of his community supervision. In a single issue, appellant contends the trial court erred by adjudicating his guilt and sentencing him to imprisonment in each case. We affirm the trial court's judgments... Appellant waived a jury and pleaded guilty to stalking in each case. See Tex. Penal Code Ann. § 42.072(a) (Vernon 2003). Pursuant to plea agreements, the trial court deferred adjudicating guilt and placed appellant on eight years' community...  

Mario Leiva waived a jury and pleaded nolo contendere to two offenses of aggravated sexual assault of a child younger than fourteen years. See Tex. Penal Code Ann. § 22.021(a)(1)(B)(i) (Vernon Supp. 2009). After finding Leiva guilty, the trial court assessed punishment at fifteen years' imprisonment and a $3000 fine in each case. In a single issue, Leiva contends the trial court abused its discretion by sentencing him to imprisonment. We affirm. The background of these cases and the...  

Kenneth Earl Cobbin appeals his convictions for violation of a protective order. In a single issue, appellant contends the trial court abused its discretion by sentencing him to imprisonment in each case. We affirm the trial court's judgments. The background of the case and the evidence adduced at trial are well known to the parties, and therefore we limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4 because the law to be applied...  

On December 1, 2005, pursuant to a plea agreement, appellant was convicted of the first-degree felony offense of murder. See Tex. Penal Code Ann. § 19.02(c) (Vernon 2003). On November 19, 2009, the trial court entered an order denying appellant's "Application for Out of Time Appeal."1 On December 9, 2009, appellant filed a pro se notice of appeal regarding this post-judgment order. The trial court subsequently appointed counsel to represent appellant on appeal... On March 26, 2010,...  

On May 21, 2010, Relator, Brian K. McPherson, filed two petitions for writ of mandamus in this Court. See Tex. Gov't Code Ann §22.221 (Vernon 2004); see also Tex. R. App. P. 52.1... This Court's mandamus jurisdiction is governed by Section 22.221 of the Texas Government Code. Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to: (1) writs against a district court judge or county court judge in the court of appeals' district, and (2) all writs necessary to...  

The contention that an injury can amount to a crime only when inflicted by intention is no provincial or transient notion. It is as universal and persistent in mature systems of law as belief in freedom of the human will and a consequent ability and duty of the normal individual to choose between good and evil... Justice Robert H. Jackson, United States Supreme Court.1... Appellant, Phillip Doyle Chaney, was convicted by a jury of murder with an affirmative finding on use of a deadly weapon,...  

By one issue, appellant, Ina Nicole Garcia, appeals the trial court's denial of her application for a sexual assault protective order against appellee, Douglas Edward Tautenhahn. We affirm... I. Background... On April 8, 2008, the trial court held a hearing on Garcia's application for a sexual assault protective order. Garcia and Oralia Jaure, a sexual assault educator and advocate, testified at the hearing. Tautenhahn appeared at the hearing without counsel and did not testify or present...