b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.
c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:
1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or
2) the individual has previously been finally convicted of any felony:
A) under Section 21.02 or listed in Section 3f(a)(1), Article 42.12, Code of Criminal Procedure; or
B) for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.
A person is justified using deadly force against another to protect land or tangible, movable property:
Wachovia Dealer Servs. v. Jones
In the Interest of P.D.D., A Child- After a husband and wife divorced, the wife learned she was pregnant. A paternity decree was set and the husband was ordered to pay child support, keep up insurance, and pay a portion of uninsured medical expenses for the child. Later the husband filed a contempt action against the wife for his possessory rights to the child. The husband was given make-up visitation and the wife was ordered to pay fees. The husband then filed a motion to modify custody which the wife counteracted with a request to increase child support. After this the wife then later filed for a motion to enforce the prior order regarding delivery of personal property items that belonged to the child.
Spencer v. Vaughn, 2008- First child is born to mother and father. Second child is born to same mother and second father. After the second marriage and child, the maternal grandparents filed suit for access to their grandchildren. They were granted limited visitation. After the order was signed, the mother and second father took the children and moved them out of the state without informing the maternal grandparents. After being located, the parents refused the grandparents' visitation rights. Two years later, the mother and second husband took the children and moved them back to the original state, again without telling the maternal grandparents. Three years later, the grandparents filed another suit for contempt and interference with possessory rights, the father of the first child also filed for suit to modify custody.
In the Interest of J.R.D. was a Dallas case where the grandparent's filed a suit for grandparent access. The trial was to the bench. At the conclusion of the case, the mother moved for a directed verdict arguing that the grandparents had failed to meet their statutory burden showing that the denial of access would significantly impair the child's physical health and emotional development. The motion was denied the trial court issued an order granting grandparent access.
Bad idea. When a defendant affirmatively asserts his right to self-representation under a California case, a written waiver of the right to counsel is not required under the Texas Court of Criminal Appeals.
The most fundamental of all defenses is the right to defend one's self from another's unprovoked attack. In Texas, we simply call that the right to self defense. However, the defendant cannot start the fight. In Smith v. State, the right to self defense was somewhat limited by the Court of Criminal Appeals in 1998. A charge on provocation is required when there is sufficient evidence that the defendant did some act or used some words that provoked the attack on him, and the actor or words were reasonably calculated to provoke the attack, and the act was done or the words used with the intent that the defendant would have a pretext for inflicting harm on the other person.
The state of the economy has not been kind to Atlantic City. Due to falling attendance at resorts in casinos in the area, Trump Entertainment Resorts, who owns three hotel and casino complexes in Atlantic City, was forced into filing Chapter 11 bankruptcy for the third time last year. Now, Avenue Capital, an investment firm that specializes in buying distressed debt, has succeeded in helping Trump Entertainment emerge from bankruptcy once again.
Following a traffic accident in which he struck a motor cyclist, the appellant in Ex parte Watson pled no contest to a misdemeanor charge of failing to yield the right of way while attempting to turn left. Later, he was indicted for the felony offense of intoxication assault. He interposed a double-jeopardy objection via a pretrial application for writ of habeas corpus, but the trial court denied relief the Court of Criminal Appeals affirmed.
In re Stephens was a 2007 Waco case in which the father was held in contempt by the judge for failure to pay child support and medical support. He was sentenced to jail for 180 days and ordered to appear four months later to begin serving his sentence.