October 2024

The following is a summary of selected criminal opinions issued by the Third Court of Appeals from February 2024.  The summary is an overview; please review the entire opinions.  The subsequent history is current as of Sept. 5, 2024. LESSER-INCLUDED OFFENSES: Assault on a public servant vs. resisting arrest. Resisting arrest was not a lesser-included offense of assault on a

The American Civil Liberties Union of Texas has filed a class-action complaint in federal court against Travis County over alleged denial of counsel at first appearance (CAFA).1 Together with the ACLU Criminal Law Reform Project and Weil, Gotshal & Manges, the complaint, filed with the Western District of Texas, alleges Travis County requires people who are arrested to attend their

Estate planning for single women is often overlooked. Without a spouse to assume key responsibilities in times of need, estate planning is crucial to ensure that your client’s wishes are honored and their loved ones are protected in the event of incapacity or death. When you counsel single women clients, it is important they know that they can safeguard their

This is the fifth installment of the “Bending the Rules” series. Previous installments can be found online at austinlawyeronline.com. The interest in non-attorney-owned entities providing legal services in such states as Texas, Utah, and Arizona is not without skeptics. Established by the American Bar Association’s Model Rule 5.4 and enforced by many states’ supreme courts, the rule prohibits fee sharing

In August, a big decision was made in Texas regarding the anticipated federal ban on most non-compete agreements that was supposed to take effect on Sept. 4, 2024. The anticipated ban is also known as the U.S. Federal Trade Commission (FTC)’s “Non-Compete Rule” of 16 C.F.R. § 910.1-6. U.S. District Judge Ada Brown granted summary judgment for a business entity

The Austin Bar Foundation Gala is Jan. 25, 2025, at the Four Seasons! Are you interested in sponsoring the event? Below are our sponsorship levels and their benefits: Benefactor Sponsor– $15,000  • Table for 10 guests. Premium table placement at the front of the stage • Recognition in program • Recognition on website • Recognition in the Austin Lawyer publication

The Austin Bar has launched its Legal Expert Network to provide the media valuable sources when reporting on important cases, legal matters, legislation, and more. The Austin Bar is committed to being a resource connecting the legal profession with the larger community.  Part of the Austin Bar’s mission is to enhance the legal profession through education. We can accomplish this

Family Law – Divorce Decrees Douglas W. Alexander Alexander Dubose & Jefferson, for Petitioner In The Matter of The Marriage of Carlos Y. Benavides, Jr. and Leticia R. Benavides The issues in this case are (1) whether, and in what circumstances, a guardian may petition for divorce on behalf of a ward and (2) the effect of one spouse’s death on the

Editor’s Note: The monthly jury trial verdicts update is first published through Bar Code and the Austin Bar app. Download the app today on either the App Store or the Google Play Store. CIVIL Fortunate Payne and Josselyn Martinez v. Cynthia Owens Cause No: D-1-GN-22-002136 Judge: Daniella Deseta Lyttle, 261st Civil District Court Dates: Aug. 5 – 7, 2024 Attorneys:Plaintiffs:

The Lawyer Well-Being Committee of the Austin Bar Association invites you to participate in a fundraiser for suicide awareness and prevention.  The fundraiser is a walk that will take place on Oct. 26 at 10 a.m., starting at the Texas Capitol. These “Out of the Darkness” walks are hosted by the American Foundation for Suicide Prevention (AFSP), which has chapters