The following are summaries of selected criminal opinions issued by the Third Court of Appeals from August 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of March 1, 2024. DEFENSIVE INSTRUCTIONS – CONSENT: Trial court did not err in failing to include additional factual detail in defensive instructions. Poncio v. State, No. 03-22-00292-CR …
The following are summaries of selected civil opinions issued by the Third Court of Appeals during February 2024. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of March 11, 2024. ATTORNEY’S FEES: Court reverses order denying attorney’s fees. Abira Med. Laboratories, LLV v. OMH-Healthedge Holdings, Inc., No. 03-22-00176-CV (Tex. App.—Austin Feb. 13, 2024, no …
The following are summaries of opinions issued by the Fifth Circuit in February 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. STATUTE OF LIMITATIONS: Contractual limitations provision barred federal employment discrimination claim. Harris v. FedEx Corp. Servs., Inc., 92 F.4th 286 (5th Cir. 2024). FedEx hired Harris as an account executive in …
The following are summaries of opinions issued by the Fifth Circuit in January 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. TRADEMARK: Antique Rolex watches with added diamonds, modified bezels, or replaced bands did not qualify for refurbishment exception to trademark infringement. Rolex Watch USA, Inc. v. BeckerTime, L.L.C., No. 22-10866, 2024 …
The following are summaries of selected civil opinions issued by the Third Court of Appeals during January 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of Feb. 7, 2024. ORIGINAL PROCEEDING: Court grants relief where trial court denied discovery of plaintiff’s medical history. In re Westside Roofing, …
The following are summaries of selected criminal opinions issued by the Third Court of Appeals from August 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. The subsequent history is current as of Feb. 1, 2024. DEFENSIVE ISSUES—MISTAKE OF FACT: In prosecution for failure to stop and render aid, defendant was entitled to …
The following are summaries of selected criminal opinions issued by the Third Court of Appeals from July 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of Jan. 3, 2024. JURISDICTION—APPEALABLE ORDERS BY THE STATE: Appellate court lacked jurisdiction to review trial court order granting in part defendant’s motion in limine. State v. Nassour, …
The following are summaries of selected civil opinions issued by the Third Court of Appeals during November and December 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of Jan. 9, 2024. FAMILY LAW: Court reverses modification order entered without evidence. Abila v. Miller, No. 03-22-00452-CV(Tex. App.—Austin Dec. 21, 2023, no pet. h.). In …
The following are summaries of opinions issued by the Fifth Circuit in October 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. FIRST AMENDMENT: All State Bar speech supported by mandatory dues must be directly related to regulating the legal profession or improving the quality of legal services. Boudreaux v. La. State Bar …
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 …