Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
760 opinions found
Julio Chapa v. The State of Texas
COA13
In Chapa v. State, a defendant appealed his convictions for indecency with a child, asserting that the evidence was legally insufficient because it relied on inconsistent child testimonies and lacked physical medical findings. The Thirteenth Court of Appeals affirmed the convictions, ruling that the jury has the sole authority to weigh witness credibility and resolve conflicts in evidence. The court found that the combination of the children’s in-court testimony, their immediate 'outcry' disclosures to their adoptive mother, and consistent patient histories recorded in SANE (Sexual Assault Nurse Examiner) records provided a sufficient basis for the jury's verdict.
Litigation Takeaway
"In family law cases involving abuse allegations—such as custody disputes or protective orders—physical evidence is not a prerequisite for a finding of abuse; consistent child disclosures coupled with corroborating medical narratives can withstand credibility attacks and support significant restrictions on parental rights."
Heard v. State
COA06
Eddie Marie Heard's community supervision was revoked after she entered a 'plea of true' to several violations, including failure to report. Despite Heard's testimony that medical issues (COVID-19 and pneumonia) prevented her from reporting, the trial court revoked her supervision and sentenced her to state jail. On appeal, the Sixth Court of Appeals analyzed whether a plea of true provides sufficient evidence for revocation when a respondent offers an uncontradicted excuse. The court held that a plea of true, standing alone, constitutes legally sufficient evidence to support revocation and effectively waives any subsequent challenge to the sufficiency of the evidence, as the trial court remains the sole judge of witness credibility.
Litigation Takeaway
"Beware the 'Admission Trap': In enforcement or revocation proceedings, entering a 'plea of true' provides a bulletproof evidentiary basis for the court's judgment. If a client admits the violation while attempting to explain it away (confession and avoidance), they waive the right to challenge the sufficiency of the evidence on appeal, leaving the outcome entirely to the trial judge's discretionary credibility assessment."
Foley v. State
COA10
In Foley v. State, the Tenth Court of Appeals addressed whether a conviction for failure to stop and render aid requires proof that a driver had subjective knowledge they struck a person. The defendant argued he was unaware he had hit a cyclist due to poor lighting and road conditions. The court analyzed Texas Transportation Code § 550.021 and clarified that the State must only prove the driver knew an accident occurred and that the circumstances were such that injury or death was "reasonably likely." Holding that the extensive vehicle damage and debris field created a "reasonable likelihood" of injury, the court affirmed the conviction, ruling that a defendant\'s self-serving denial of knowledge does not override objective evidence.
Litigation Takeaway
"A party\'s subjective claim of ignorance regarding harm can be overcome by objective evidence; in family law cases involving reckless conduct or vehicular altercations, focus on proving that the circumstances made injury "reasonably likely" rather than trying to prove the perpetrator\'s internal state of mind."
In Re Kelvin Lorran White
COA05
Relator Kelvin Lorran White sought a writ of mandamus to compel a trial court to rule on pending motions and comply with Texas Rule of Civil Procedure 18a regarding a motion to recuse. The Dallas Court of Appeals analyzed whether the trial court's subsequent referral of the recusal motion rendered the petition moot and whether a delay of less than one month constituted an abuse of discretion. The court held that the Rule 18a issue was moot because the trial court acted after the mandamus was filed. Furthermore, the court denied the remaining claims because the Relator failed to provide a record showing a formal demand for a ruling or an unreasonable period of delay.
Litigation Takeaway
"To compel a trial court to rule via mandamus, you must create a meticulous record showing a formal demand for a ruling and an unreasonable delay (typically months, not weeks); however, simply filing a mandamus petition can often 'break the pocket veto' by prompting a trial judge to finally take the required action."
Knight v. State
COA02
In Knight v. State, the defendant appealed a stalking conviction resulting from a two-year campaign of harassment that included over 200 emails, vexatious litigation, and the use of digital tracking software to monitor the victim's email activity. The Second Court of Appeals analyzed whether Texas Penal Code § 42.072 violated the First Amendment as applied to the defendant's conduct. The court held that the statute is constitutional, ruling that the defendant's actions—specifically sending photos of the victim's home coupled with 'I know where you live' rhetoric and digital surveillance—constituted 'true threats' and a regulable course of conduct rather than protected free speech.
Litigation Takeaway
"Digital surveillance and 'litigation abuse' are not protected by the First Amendment; evidence of email tracking, surreptitious photography, and repetitive harassing filings can support stalking findings, which are powerful tools for obtaining protective orders and challenging custody presumptions in high-conflict family law cases."
Walther v. Walther
COA02
In Walther v. Walther, the Second Court of Appeals affirmed a trial court’s divorce decree that featured a "just and right" property division and permanent injunctions. The case involved significant marital misconduct, including the wife's unauthorized spending of $200,000 in community funds on luxury items and cosmetic surgery, as well as a history of family violence involving terroristic threats. The appellate court held that the trial court did not abuse its discretion by ordering the sale of the marital residence to compensate the husband for the wife's financial waste or by issuing permanent injunctions to ensure the husband's safety. Additionally, the court upheld the exclusion of an unsigned separation agreement, noting it failed to meet the evidentiary standards for authentication.
Litigation Takeaway
"Texas trial courts possess broad authority to order the sale of a marital home and issue permanent protective injunctions when there is documented evidence of financial waste, fraud, and family violence. Furthermore, practitioners and parties should be cautioned that unsigned settlement agreements are generally inadmissible without extrinsic evidence proving they represent a final, binding contract."
City of Houston v. Castillo
COA14
After a motor-vehicle collision involving a City of Houston employee, the plaintiff sued under the Texas Tort Claims Act (TTCA). The City filed a Rule 91a motion to dismiss, arguing the plaintiff failed to negate the 'emergency' exception to the waiver of immunity and that the plaintiff judicially admitted the officer's immunity. While the City's interlocutory appeal was pending, the trial court issued a discovery order. The Court of Appeals held that a plaintiff is not required to preemptively negate TTCA exceptions unless their own pleadings plausibly implicate those exceptions. Crucially, the court also determined that a Rule 91a motion challenging immunity is a jurisdictional challenge that triggers an automatic statutory stay of all trial court proceedings under Section 51.014(b). The court affirmed the denial of the dismissal but granted mandamus relief to vacate the discovery order entered during the stay.
Litigation Takeaway
"When a governmental unit appeals the denial of a Rule 91a motion based on immunity, it triggers an automatic stay of all trial court proceedings under Tex. Civ. Prac. & Rem. Code § 51.014(b). Any orders signed during this stay, such as discovery or scheduling orders, are subject to vacatur via mandamus. Additionally, when suing a governmental entity, avoid pleading facts that suggest an emergency or 911 response unless you are prepared to affirmatively negate those specific immunity exceptions in your petition."
JAJWK, LLC v. Primeway Federal Credit Union
COA01
In this enforcement action, a judgment creditor (Primeway) utilized a post-judgment receiver to identify luxury vehicles held by non-party entities (JAJWK) but titled to the debtor. The trial court issued a turnover order voiding JAJWK's liens on the vehicles and ordering their sale. The Houston First Court of Appeals reversed, analyzing Texas Civil Practice and Remedies Code Section 31.002 (the turnover statute). The court held that the statute is a procedural mechanism, not a substantive one, and cannot be used to adjudicate the property rights of third parties or 'clean up' title. Because the property was in the possession of a non-party and not under the debtor's exclusive control, the trial court exceeded its authority and violated due process.
Litigation Takeaway
"The turnover statute is not a shortcut to extinguish third-party liens or claims. To challenge the validity of a non-party's interest in property—even if you believe it is a sham—you must initiate a separate plenary action like a declaratory judgment or a fraudulent transfer suit rather than relying on a summary turnover motion."
David Hobbs Ray v. State
COA02
David Hobbs Ray pleaded guilty to multiple counts of child pornography. While the trial court orally sentenced him to five years of confinement for "Count Ten," the subsequently signed written judgment reflected a ten-year sentence. On appeal, the Fort Worth Court of Appeals analyzed the conflict between the oral rendition and the written decree, applying the long-standing Texas rule that an oral pronouncement controls. The court held that appellate courts possess the authority under Rule 43.2 to reform written judgments to "speak the truth" when the record provides the necessary data, and modified Ray’s sentence back to the five years originally ordered from the bench.
Litigation Takeaway
"The court’s oral ruling is the ultimate authority; family law practitioners should always obtain a transcript of the judge’s rendition to ensure the final written decree is accurate and to provide the necessary evidence to correct clerical errors on appeal."
Castillo v. Martinez
COA08
In Castillo v. Martinez, the Appellants attempted to appeal a trial court's dismissal order several months after the deadline, arguing that the underlying judgment was 'void' and that a subsequent order denying their motion to vacate restarted the appellate clock. The El Paso Court of Appeals analyzed Texas Rule of Appellate Procedure 26.1, which dictates strict timelines for filing a notice of appeal. The court held that even if a judgment is legally defective or void, it still becomes final for purposes of appeal and triggers the mandatory 30- or 90-day filing window. Because the Appellants failed to file a timely notice of appeal from the original judgment, the court dismissed the case for want of jurisdiction, ruling that a party cannot circumvent appellate deadlines by simply labeling a judgment void.
Litigation Takeaway
"A judgment's alleged 'voidness' does not stop the appellate clock; practitioners must file their notice of appeal within the standard 30- or 90-day window following the final decree, as a later order denying a motion to vacate will not restart the timetable for a direct appeal."