|
|
Enron Mail |
User iD: enron
PW: library -----Original Message----- From: "Law.com/tx" <tx_case_alert+410717.153596706.1@reply.law.com<@ENRON Sent: Friday, October 26, 2001 6:01 AM To: Hu, Sylvia Subject: Texas Case Alert, October 26, 2001 |||||||||||||||||||||||||||||||||||||||||||| L A W . C O M / T E X A S C A S E A L E R T for O C T O B E R 2 6, 2 0 0 1 <http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940965< |||||||||||||||||||||||||||||||||||||||||||| *** Current News on Law.com/TX *** 14th Court Extends Deadly Weapon Finding Texas Lawyer Houston's 14th Court of Appeals may have handed prosecutors another plea bargaining tool on Oct. 11 when it upheld a jury's finding that a man found guilty of failing to stop and render aid used a "deadly weapon" in the commission of the offense. In a 2-1 decision, the court held in Cates v. Texas that a rational jury could conclude from the evidence that Johnny Weldon Cates II operated his pickup truck in a manner capable of causing death or serious injury when he left the scene of a fatal accident that he caused. http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940966 Read more Texas legal news http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940967 *** 5th U.S. Circuit Court of Appeals *** REAL ESTATE - CIVIL RIGHTS Banks v. Dallas Housing Authority The now-repealed provision of 42 U.S.C. ?1437f(e) requiring that public housing authorities make assistance payments only to those property owners who keep public housing "decent, safe, and sanitary" neither displays Congressional intent to create a private right of action nor creates a federal right that is judicially enforceable through 42 U.S.C. ?1983. 5th Cir. No. 00-11160; Posted October 24, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940968 *** Texas Supreme Court *** REAL ESTATE - CONDEMNATION Interstate Northborough Partnership v. State Damages resulting from a commercial property's increased proximity to a roadway, with attendant loss of curb appeal, green space and "buffer" zone, are special rather than community damages. Supreme Court of Texas, No. 00-0070; Posted October 25, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940969 *** Texas Court of Criminal Appeals *** CRIMINAL LAW - DEFERRED ADJUDICATION Williams v. State In an appeal from the adjudication of guilt, the appellant may appeal a jurisdictional issue concerning the original deferred adjudication proceeding, but not the voluntariness of the guilty plea. Texas Court of Criminal Appeals, No. 697-01; Posted October 24, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940970 CRIMINAL LAW - DEFERRED ADJUDICATION Northington v. State In an appeal from the adjudication of guilt, the appellant may appeal a jurisdictional issue concerning the original deferred adjudication proceeding, but not the voluntariness of the guilty plea. Texas Court of Criminal Appeals, No. 700-01; Posted October 24, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940971 CRIMINAL LAW - CAPITAL MURDER Thompson v. State Even if the victim's doctors' conduct was clearly sufficient to cause her death, the defendant is not absolved of responsibility unless his own conduct is "clearly insufficient" to produce the death. Texas Court of Criminal Appeals, No. 73-431; Posted October 24, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940972 CRIMINAL LAW - MANDATORY SUPERVISION RELEASE Ex Parte Shook When the Board of Pardons and Parole gives the inmate notice of a specific date on which the hearing is scheduled to take place, the inmate is entitled to rely on that information and accordingly has until that date to submit relevant information on his behalf. Texas Court of Criminal Appeals, No. 74-085; Posted October 24, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940973 CRIMINAL LAW - DUE PROCESS Ex Parte Boyd Texas Code of Criminal Procedure Article 42.014 and Texas Penal Code ?12.47 violated the applicant's right to due process by removing from the jury the assessment of a fact (that the applicant chose his victim because of bias or prejudice) that increased the prescribed range of penalties to which applicant was exposed. Texas Court of Criminal Appeals, No. 74-121; Posted October 24, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940974 *** Texas Courts of Appeal *** HEALTH LAW - GOOD SAMARITAN Ramirez v. McIntyre A doctor falls within the protection of the Good Samaritan statute only if he or she would not customarily receive remuneration for the services performed and would not legally be entitled to remuneration; it is of no consequence that the person claiming protection waives or elects not to charge for the medical assistance. Austin Court of Appeals, No. 03-01-00027-CV; Posted October 25, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940975 EMPLOYMENT LAW - WHISTLEBLOWER ACT Texas Department of Mental Health and Mental Retardation v. Olofsson Noncompliance with the limitation period of Texas Government Code ?554.005 gives rise to the affirmative defense of limitations, but it is not grounds for a plea to the jurisdiction. Austin Court of Appeals, No. 03-01-00203-CV; Posted October 25, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940976 CRIMINAL LAW - ACCOMPLICE TESTIMONY Worthen v. State The court did not err by submitting the question of whether a witness is an accomplice to the jury as a fact issue because it was not clear from the evidence whether the witness was an accomplice. Austin Court of Appeals, No. 03-01-00019-CR; Posted October 25, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940977 INSURANCE LAW - COVERAGE Duke Energy Field Services Assets, L.L.C. v. National Union Fire Insurance Co. of Pittsburgh When a subsidiary enters into a contract and that subsidiary is then merged into a parent corporation, the contracts of the subsidiary are treated as contracts with the parent. Texarkana Court of Appeals, No. 06-01-00024-CV; Posted October 24, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940978 CRIMINAL LAW - INEFFECTIVE ASSISTANCE OF COUNSEL Blount v. State In a case alleging ineffective assistance of counsel, the court's review of counsel's representation is highly deferential; the fact that another attorney, even the defendant's own attorney on appeal, might have pursued a different course of action does not necessarily indicate ineffective assistance. Texarkana Court of Appeals, No. 06-00-00171-CR; Posted October 24, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940979 FAMILY LAW - PARENTAL TERMINATION In the Interest of L.L. In proceedings where the Texas Department of Protective and Regulatory Services is prosecuting an action to terminate parental rights, a final order must be entered concerning the child no later than one year after the department becomes the temporary managing conservator of a child or the suit must be dismissed. Amarillo Court of Appeals, No. 07-00-0545-CV; Posted October 23, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940980 |||||||||||||||||||||||||||||||||||||||||||| The law.com/texas Case Alert is a service of law.com/texas located at http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940981. SHARING THIS ALERT WITH SOMEONE WHO IS NOT A SUBSCRIBER IS UNLAWFUL. By using this service, you also are agreeing to abide by our terms of service. If you haven't read them, please go to http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940982. To register for a free trial to law.com/texas, go to http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940981 and click on the Trial Subscription button. For other information please reply to: mailto:tx-info@corp.law.com For our full Privacy Policy, please go to http://tm0.com/sbct.cgi?s=153596706&;i=410717&d=1940984 TO BE REMOVED FROM MAILING LIST: If you would like to be removed from the law.com/texas Case Alert mailing list, you can unsubscribe by simply replying to this email with the word "UNSUBSCRIBE" in the subject line. You are subscribed to the law.com/texas Case Alert with the following e-mail address:sylvia.hu@enron.com Copyright © 2001 law.com. Registered in the U.S. Patent and Trademark Office. All rights reserved.
|