Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
723 opinions found
Angel Serna v. The State of Texas
COA07
In an aggravated-assault “family member” prosecution, the defense sought to impeach the complainant with alleged methamphetamine use to support the defendant’s fear/state-of-mind theory. The trial court excluded the drug-use impeachment evidence. On appeal, the defendant reframed the exclusion as violating the constitutional right to confrontation and to present a complete defense, but the court of appeals treated the issue as one of preservation: trial counsel argued only relevance/state of mind at trial and did not clearly invoke confrontation/due-process/complete-defense grounds or obtain a ruling on those constitutional theories as required by Texas Rule of Appellate Procedure 33.1. The court therefore held the constitutional complaint was waived and did not reach the merits. The court also rejected an ineffective-assistance claim at punishment based on failure to call additional mitigation witnesses because the record did not overcome the presumption of reasonable trial strategy and the proposed testimony was largely cumulative, with no showing of a reasonable probability of a different punishment outcome.
Litigation Takeaway
"Preservation is theory-specific: if excluded evidence (like drug use) is critical to impeach credibility or support a “complete defense,” you must expressly state the constitutional grounds and secure a ruling—relevance/state-of-mind arguments won’t preserve confrontation/due-process complaints for appeal. Also, “we should have called more witnesses” claims are difficult to win on appeal without a developed record showing counsel’s reasons were unreasonable and the omitted evidence likely would have changed the result."
Jackey Raylorn Martin v. The State of Texas
COA07
In Jackey Raylorn Martin v. State, the defendant challenged the trial court’s pretrial ruling designating a forensic interviewer as the child-victim “outcry” witness under Texas Code of Criminal Procedure article 38.072, arguing the wrong outcry witness was selected. The Amarillo Court of Appeals focused first on error preservation, holding that a pretrial outcry/admissibility ruling is only preliminary and does not preserve appellate complaint; to preserve error, the defendant had to object again when the designated outcry witness actually testified before the jury. Because no contemporaneous objection was made at trial, the issue was waived under Texas preservation rules. In the alternative, the court held that even if the designation were incorrect, any error was harmless under Texas Rule of Appellate Procedure 44.2(b) because the same key substance (penetration and identity) came in through other, unobjected-to evidence, including SANE/medical testimony and corroborating DNA evidence. The conviction was affirmed.
Litigation Takeaway
"Pretrial evidentiary wins don’t preserve anything by themselves: if you want appellate review, renew objections when the testimony/exhibit is offered at trial and get a clear ruling. And even a proven evidentiary mistake may not matter if the same core facts come in through other sources—so (1) object consistently across channels if you need harm, and (2) build redundant, independent proof if you’re the proponent."
Crayton v. State
COA03
In Crayton v. State, a defendant challenged the assessment of court costs because the trial court failed to conduct a mandatory inquiry into his 'ability to pay' as required by Article 42.15(a-1) of the Texas Code of Criminal Procedure. The Third Court of Appeals analyzed whether this statutory 'shall' requirement created an absolute right or a forfeitable one. Applying Court of Criminal Appeals precedent, the court determined that the inquiry is not a fundamental systemic requirement. Therefore, because the defendant failed to object at sentencing, he forfeited the error under Texas Rule of Appellate Procedure 33.1. The court further held that the omission was not reversible error because the defendant retained a statutory right to seek post-judgment relief for financial hardship at any time.
Litigation Takeaway
"In quasi-criminal enforcement matters, 'mandatory' statutory duties are not self-executing for purposes of appeal. If a trial court fails to conduct a required financial inquiry or make a specific finding, you must interpose a timely objection on the record to preserve the error. If you miss the opportunity to object, look to post-judgment statutory remedies for financial hardship rather than relying on an appeal for reversal."
R.F. v. Texas Department of Family and Protective Services
COA03
In this case, a mother appealed the termination of her parental rights, challenging the legal sufficiency of the evidence regarding child endangerment and claiming she received ineffective assistance of counsel because her lawyer did not request a trial recess for her to testify. The Third Court of Appeals analyzed the "endangerment" ground under Texas Family Code § 161.001(b)(1)(E), noting that prenatal drug use followed by continued instability and a failure to complete court-ordered rehabilitation constitutes a voluntary course of endangering conduct. The court also reviewed the ineffective assistance claim under the Strickland standard, finding that without a developed record explaining trial counsel's motives, it must presume the lawyer's decisions were strategic. The court affirmed the trial court's order terminating the mother's parental rights.
Litigation Takeaway
"Prenatal drug use combined with a failure to maintain sobriety and stability after a child's removal provides strong grounds for termination based on endangerment. Additionally, parties seeking to appeal based on ineffective assistance of counsel must develop a record—often through a motion for new trial—to prove that their attorney's actions were not part of a reasonable trial strategy."
Burns Surveying LLC v. Robert H. Burns and Jacob G. Pleasant
COA06
In this professional liability dispute, the plaintiffs sued a registered land surveyor for negligence but failed to attach the mandatory Chapter 150 certificate of merit to their original petition. After the trial court dismissed the claims without prejudice, the plaintiffs attempted to cure the defect by filing an amended petition with the required certificate in the same cause number. The Sixth Court of Appeals analyzed Texas Civil Practice and Remedies Code Section 150.002 and Texas Supreme Court precedent, concluding that the 'first-filed' requirement applies to the very first petition asserting the claim in a specific case. The court held that a dismissal without prejudice requires the claimant to initiate an entirely new lawsuit to satisfy the contemporaneous filing requirement, and an amended petition cannot cure the initial failure to file.
Litigation Takeaway
"When suing a licensed professional like a surveyor, the certificate of merit must be attached to the very first petition filed. If the case is dismissed without prejudice for failing to do so, you cannot fix the error by amending the existing lawsuit; you must file a brand-new suit with a new cause number to satisfy the 'first-filed' rule."
Crayton v. State
COA03
After being convicted of intoxication manslaughter, John Edgar Crayton, Jr. was assessed court costs without the trial court conducting the mandatory 'ability-to-pay' inquiry required by Article 42.15(a-1) of the Texas Code of Criminal Procedure. Crayton appealed, arguing the omission was reversible error. The Third Court of Appeals analyzed the statutory scheme alongside recent precedent, determining that the inquiry is a procedural right rather than a fundamental one. The court held that because Crayton failed to object to the omission during sentencing when given the opportunity, he forfeited the error on appeal. Furthermore, the court held the error was not reversible because the law provides a post-judgment mechanism for defendants to seek relief due to financial hardship at any time.
Litigation Takeaway
"Never rely on a trial court to perform a 'mandatory' statutory inquiry regarding a client's ability to pay fees or costs; counsel must proactively object to any omission on the record or risk waiving the issue for appeal. In the event of a waiver, practitioners should utilize post-judgment hardship statutes to seek relief rather than pursuing a likely-to-fail appeal."
In re K.K.E.
COA01
The Department of Family and Protective Services sought to terminate a mother's parental rights after she suffered a drug overdose while caring for her five-month-old child. The mother had a decade-long history of substance abuse and had previously lost parental rights to two other children. The court analyzed whether her conduct met the statutory grounds for endangerment and whether termination was in the child's best interest using the Holley factors. The court found that her history of drug-induced instability and failure to submit to drug testing during the trial created a presumption of continued endangerment. The First Court of Appeals affirmed the termination, holding that the mother's pattern of conduct and the child's need for stability in a foster placement outweighed the biological bond.
Litigation Takeaway
"A parent's history of substance abuse and prior terminations provides high evidentiary value for "endangerment" even without proof of immediate physical harm. In termination proceedings, a court will likely treat a failure to submit to drug testing as a positive test result, and practitioners must ensure all prescription medications are backed by current, verified medical documentation to avoid them being characterized as illegal substance abuse."
In re Quintilya Thomas
COA08
In an original proceeding arising from family-law temporary orders, the relator asked the El Paso Court of Appeals for an emergency stay of “default temporary orders” but filed only a Rule 52.10 motion and no petition for writ of mandamus. The court treated the defect as jurisdictional: under Tex. R. App. P. 52.1 an original proceeding is commenced only by filing a mandamus petition, and Rule 52.10 temporary relief is merely ancillary and is available only after a petition invokes the court’s original jurisdiction. Because no petition was on file, the court held it lacked jurisdiction to grant any temporary relief or stay and dismissed the motion for want of jurisdiction, without prejudice to refiling after a mandamus petition is filed.
Litigation Takeaway
"If you need an emergency stay from a court of appeals in a family case, you cannot file a standalone “emergency stay pending mandamus” motion. File the mandamus petition first (or simultaneously) to invoke original jurisdiction; only then can Rule 52.10 temporary relief be considered—otherwise the motion will be dismissed and valuable time will be lost while temporary orders remain enforceable."
Landry v. Landry
SCOTX
In Landry v. Landry, the Texas Supreme Court addressed whether a trial court could properly characterize investment accounts as separate property when an expert's tracing analysis contained a minor four-month gap in personal review. The court of appeals had reversed the trial court's finding, speculating that the missing months could have changed the character of the funds. However, the Supreme Court reversed the appellate court, holding that the expert’s testimony—which established a consistent 16-year pattern of account activity—provided legally sufficient evidence under the clear and convincing standard. The Court emphasized that when records are in the trial record and expert testimony remains unrebutted, minor gaps in an expert's review do not invalidate the trial court's findings.
Litigation Takeaway
"When defending or asserting a separate property claim, a consistent long-term pattern established by an expert is a powerful tool that can overcome minor gaps in documentation. To successfully challenge such a claim, a party cannot rely solely on cross-examination or pointing out technical omissions; they must typically provide their own rebuttal expert to prove that those gaps are material to the account's characterization."
Raggio-2204 Jesse Owens, LLC v. Morgan
COA03
After a trial court's plenary jurisdiction had expired, it entered a sanctions judgment and subsequent turnover orders authorizing a receiver to seize and sell property belonging to Stacey Hammer's LLC. After the Austin Court of Appeals declared these orders void, Hammer and the LLC sued the judgment creditor, his attorney, and the receiver for damages related to the lost property. The court analyzed Texas Rule of Civil Procedure 329b regarding the limits of plenary power and the doctrine of derived judicial immunity. The court held that because the underlying orders were void ab initio, the judgment creditor and the receiver could not claim immunity and were liable for restitution of the value of the property sold under the void authority.
Litigation Takeaway
"A court order signed after plenary power has expired is a legal nullity; practitioners and receivers who move property or distribute funds under a void order are not protected by judicial immunity and are subject to claims for restitution and conversion."