Third Court of Appeals Criminal Update September 2023

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 …

Texas Supreme Court Update July/August 2023

The following is a summary of a selected opinion issued by the Supreme Court of Texas in May 2023. The summary is intended as an overview of selected aspects of the opinion only; please review the entire opinion. PERSONAL JURISDICTION: “Dieselgate” auto manufacturers subject to specific personal jurisdiction in Texas, despite contacts with Texas being undifferentiated from those with other …

Federal Civil Update July/August 2023

The following are summaries of opinions issued by the Fifth Circuit in May 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. JURISDICTION: In an ancillary action to enforce a settlement agreement, parties could not collaterally challenge jurisdiction in the original proceeding settled and could sue only to enforce the settlement agreement. Nat’l …

Third Court of Appeals Criminal Update July/August 2023

The following is a summary of a selected criminal opinion issued by the Third Court of Appeals from January 2023. The summary is an overview; please review the entire opinion. The subsequent history is current as of May 31, 2023. SEARCH AND SEIZURE – NATURE OF POLICE ENCOUNTER: Trial court did not abuse its discretion in denying DWI defendant’s motion to suppress …

Third Court of Appeals Civil Update July/August 2023

The following are summaries of selected civil opinions issued by the Third Court of Appeals during May 2023. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of June 5, 2023. ADMINISTRATIVE LAW: COURT REVERSES JUDGMENT ON IMMUNITY GROUNDS. Texas Educ. Agency v. Devereux Tex. League City, No. 03-22-00172-CV (Tex. App.—Austin May 10, 2023, no …