The following are summaries of selected civil opinions issued by the Fifth Circuit in October 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. TAX: Ordering taxable articles to be shipped to the United States for resale makes one an “importer” under the Internal Revenue Code. Tex. Truck Parts & Tire, Inc. v.

The following are summaries of selected civil opinions issued by the Third Court of Appeals during October 2024. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of November 11, 2024.  FAMILY LAW: Court affirms modification ordering child support.  Doyle v. Doyle, No. 03-22-00691-CV (Tex. App.—Austin Oct. 11, 2024, no pet. h.) (mem. op.).

The following is a summary of selected criminal opinions issued by the Third Court of Appeals from May 2024. The summary is an overview; please review the entire opinions. The subsequent history is current as of November 5, 2024. EVIDENCE ADMISSIBILITY — Prior abuse allegations and testimony as to truthfulness. Trial court did not abuse its discretion by prohibiting cross-examination

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/FAMILY 5005 SSR LLC v. Laszlo Herczeg Cause No: D-1-GN-19-002982 Judge: Daniella Desetta Lyttle, 261st Civil District Court Dates: October 8 – 10, 2024 Attorneys:Plaintiff: Michael Smith,

In its 2023 National Survey on Drug Use and Health, the Substance Abuse and Mental Health Services Administration (SAMHSA) estimated approximately 48.5 million people in the United States age 12 or older met the diagnostic criteria for a substance use disorder at some point during that year. This represented approximately 17.1 percent of all persons 12 or older. The same

Texas has paid nearly $100 million to 95 men and women who were wrongfully convicted since 2009, according to a study conducted by criminal defense firm Michael & Associates in Austin.1 Records from the Texas State Comptroller’s Office also indicate the state pays a monthly annuity to each exoneree, totaling almost $500,000 per month. The compensation is the result of

The opinions expressed in this article are those of the author and do not necessarily represent the views of the Austin Bar Association membership or the Austin Bar Association board of directors. Consider the following three scenes: SCENE ONE Egypt, Giza Valley, Akehnaton’s apartment. 2500 BC. [A knock on the door, it’s Djoser, the chief stone architect of Pharoah Khafre’s

The following are summaries of selected civil opinions issued by the Fifth Circuit in September 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Department of Labor’s minimum salary requirement did not exceed its delegated power to interpret the Fair Labor Standards Act’s “White Collar Exemption.” Mayfield v. United States Department

The following is a summary of selected criminal opinions issued by the Third Court of Appeals from April 2024. The summary is an overview; please review the entire opinions. The subsequent history is current as of October 3, 2024. EVIDENTIARY SUFFICIENCY – Proving Defendant’s Identity in Probation-Revocation Proceedings. Evidence was sufficient to prove that Defendant who violated probation was the

The following are summaries of selected civil opinions issued by the Third Court of Appeals during September 2024. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of October 9, 2024. ADMINISTRATIVE LAW: Court affirms where party fails to rebut presumption of sufficient notice of a hearing. St. George Affordable Auto, LLC d/b/a Skyline