Most Viewed Decisions

COURT OF CRIMINAL APPEALS OF TEXAS

DAISY GUTIERREZ-RODRIGUEZ, Appellant v. THE STATE OF TEXAS

As a condition of probation, the appellant was ordered to pay restitution for missing items that the appellant had not been convicted of stealing. The restitution requirement was discussed during the punishment stage hearing, so appellant had an opportunity to object to it. By not objecting, she forfeited her complaint. The court of appeals' judgment is reversed and the trial court's judgment is affirmed. Court of Criminal Appeals, No. PD-1026-13, PD-1027-13, 10-01-2014

Practice Areas: Criminal Law

COURT OF CRIMINAL APPEALS OF TEXAS

EX PARTE AL LETROY SMITH, Applicant

Approximately 10 years after conviction, the appellant claimed in an application for a writ of habeas corpus that his rights to direct appeal and effective assistance of counsel were denied. A court may sua sponte consider and determine whether laches should bar relief. The habeas court should act on its own sparingly, questioning only those applications demonstrating an excessive delay that undermines or obstructs the principles and virtues the criminal-justice system promotes. The application is remanded to the habeas court. Court of Criminal Appeals, No. WR-79,465-01, 10-01-2014

Practice Areas: Criminal Law

COURT OF APPEALS OF TEXAS, TENTH DISTRICT, WACO

IN THE INTEREST OF X.H. AND M.M.G., CHILDREN

In this case involving the termination of a parental relationship, appointed counsel filed an Anders brief in support of his motion to withdraw. The procedures set forth in Anders are applicable to appeals of orders terminating parental rights. The motion to withdraw is granted and the trial court's judgment is affirmed. Waco Court of Appeals, No. 10-14-00193-CV, 10-02-2014

Practice Areas: Family Law

COURT OF CRIMINAL APPEALS OF TEXAS

BRADLEY RAY McCLINTOCK, Appellant v. THE STATE OF TEXAS

The court of appeals held that the trial court should have granted the appellant's motion to suppress. The state contends that the court of appeals should not have reversed the appellant's conviction without first deciding whether the good-faith exception to the exclusionary rule applied. The state, as the prevailing party at trial, need not raise a particular argument in favor of the trial court's ruling in a reply brief on appeal as a predicate to later raising it in a discretionary review context. The court of appeals' judgment is vacated and remanded. Court of Criminal Appeals, No. PD-0925-13, 10-01-2014

Practice Areas: Criminal Law

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

UNITED STATES OF AMERICA, Plaintiff-Appellee v. ALFONSO RODRIGUEZ-RODRIGUEZ, Defendant-Appellant

COURT OF APPEALS OF TEXAS, FIRST DISTRICT, HOUSTON

HALLIBURTON COMPANY, Appellant v. KBR, INC., Appellee

The appellant challenges the trial court's order denying its application to compel the appellee to arbitrate all aspects of the dispute before a single accounting referee, as provided in the parties' Tax Sharing Agreement. Despite ordering arbitration to proceed under the Master Service Agreement, the trial court specifically denied the appellant's asserted contractual right to arbitrate under the terms of the TSA; the trial court's order is appealable under Federal Arbitration Act ยง16. The MSA and the TSA must be harmonized and construed together as one contract. When the agreements are read as one contract, entered into to effectuate a singular transaction, the TSA's silence regarding arbitrability reinforces the application of the MSA's arbitrability clause to arbitration sought under the TSA. The trial court's order denying the motion to compel is affirmed. Houston's 1st Court of Appeals, No. 01-12-00949-CV, 09-11-2014

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR)

COURT OF APPEALS OF TEXAS, SECOND DISTRICT, FORT WORTH

JPMORGAN CHASE BANK, N.A., APPELLANT v. PROFESSIONAL PHARMACY II, APPELLEE

COURT OF CRIMINAL APPEALS OF TEXAS

CAMERON MOON, Appellant v. THE STATE OF TEXAS