Month: September 2010

Timeliness of an Affidavit

In the Interest of E.R.L.C., Minor Child, 2008- Mom and Dad divorced in September 2005 and were appointed joint custody. Later, the Dad filed for temporary orders based on his claims that the Mom was charged with public intoxication and had arrived drunk to pick up...

State Jail Felony Punishment

a) Except as provided by Subsection (c), an individual adjudged guilty of state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.b) In addition to confinement, an individual adjudged guilty of a...

Pregnant After Divorce

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....

Deadly Force to Protect Property

A person is justified using deadly force against another to protect land or tangible, movable property:1) if he would be justified in using force against the other under Section 9.41; and2) when and to the degree he reasonably believes the deadly force is immediately...

910 Car Claim Creditors

Wachovia Dealer Servs. v. JonesSecured creditors with liens on vehicles purchased within 910 days of the petition date filed objections to confirmation of plans where debtors made the suggestion of paying the contract balance without paying the interest throughout the...

Newly Discovered Evidence

There are four requirements for a defendant to get a new trial based on newly discovered evidence: (1) the evidence was unknown to the movant before trial; (2) the defendant's failure to discover it was not due to a want of diligence on his part; (3) its materiality...

Plea Bargain Negotiations

Some cases have to be tried in front of a judge or jury.  Some cases both sides agree that the State of Texas would clearly be able to prove the accused was guilty, but they cannot come to an agreement on punishment.  So, many times in those cases an open plea or slow...

Burden of Proof in a Criminal Case

In order to arrest someone without a warrant, a police officer has to have probable cause that an offense has occurred.  The 4th Amendment protects citizens from unreasonable searches and seizures.  Unless there has been a felony committed and the suspect is about to...

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