The following are summaries of selected criminal opinions issued by the Third Court of Appeals from June 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of Nov. 1, 2023. POLICE INTERROGATIONS – TRANSLATION ISSUES: Trial court did not abuse its discretion by admitting police-interrogation video over defense objections regarding the accuracy and constitutional …
The following are summaries of opinions issued by the Fifth Circuit in September 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. MAGISTRATE JUDGE REFERRALS: Undisclosed relationship between magistrate judge and plaintiff’s lead counsel may vitiate defendant’s consent to trial before the magistrate. IFG Port Holdings, LLC v. Lake Charles Harbor & Terminal …
The following are summaries of selected civil opinions issued by the Third Court of Appeals during September 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of Oct. 9, 2023. FAMILY LAW: Court holds fit-parent presumption did not apply in challenged modification proceeding. Johnson v. Kimbrough, No. 03-22-00100-CV (Tex. App.—Austin Sept. 20, 2023, no …
The following is a summary of a selected criminal opinion issued by the Third Court of Appeals from May 2023. The summary is an overview; please review the entire opinion. The subsequent history is current as of Oct. 1, 2023. PUNISHMENT ENHANCEMENTS – OUT-OF-STATE CONVICTIONS: Enhancement of defendant’s sentence using out-of-state conviction was legal. Smith v. State, No. 03-21-00368-CR (Tex. App.—Austin May …
The following are summaries of opinions issued by the Fifth Circuit in August 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Petitioners did not need to be “aggrieved parties” to challenge grant of license as ultra vires; Nuclear Regulatory Commission lacked authority to license private storage of nuclear waste. Texas v. …
The following are summaries of selected civil opinions issued by the Third Court of Appeals during August 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of September 11, 2023. FAMILY LAW: Court reverses appellate fees awarded after conclusion of the appeal. Morris v. Veilleux, No. 03-22-00178-CV (Tex. App.—Austin Aug. 25, 2023, no pet. …
The following are summaries of selected criminal opinions issued by the Third Court of Appeals from April 2023. The summaries are overviews; please review the entire opinions. The subsequent history is current as of Sept. 5, 2023. EVIDENTIARY SUFFICIENCY – DRUG POSSESSION: Evidence was sufficient to prove that defendant possessed methamphetamine. Sumrall v. State, No. 03-21-00402-CR (Tex. App.—Austin Apr. 6, …
The following are summaries of selected civil opinions issued by the Third Court of Appeals during June and July 2023. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of August 9, 2023. Administrative law – Emails with agency staff insufficient to constitute request for hearing. Udenze v. Johnston, No. 03-22-00084-CV (Tex. App.—Austin June …
FEDERAL PREEMPTION: Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) does not preempt Texas law charging out-of-state citizens higher tuition than Texas residents, including noncitizens not lawfully present in the country. Young Conservatives of Tex. Found. v. Smatresk, 2023 WL 4419365 (5th Cir. July 10, 2023) The IIRIRA’s express preemption provision directs that “an alien who is not lawfully present …
Competency to stand trial – Trial court did not err by failing to sua sponte convene an informal inquiry into whether defendant was competent to stand trial. Vaughan v. State, No. 03-22-00038-CR (Tex. App.—Austin Mar. 30, 2023, no pet.) (mem. op., not designated for publication). Vaughan spit on a detention officer while in jail and was charged with the offense …