In re J.O. was a San Antonio case where in August 2006 the maternal aunt and uncle who had cared for their 18 month old great niece off and on since birth and more recently on a consistent basis under a safety plan with CPS, filed suit seeking custody, alternatively,...
Husband and wife were married in June of 1998 in Stamper v. Knox. In October 1998 the wife had a brief sexual relationship with Mr. Taylor while continuing to have relations with her husband. The wife gave birth to a child in June 1999 while the parties were still...
A defendant is in custody for 38.22 purposes where he has been arrested and indicted--even if he voluntarily accompanies law enforcement to a police station for the purposes of a polygraph exam and subsequently makes incriminating statements based on the exam...
Tidewater v. Kenney was a matter of first impression for the Fourth Circuit, the court joined the Seventh, Eighth and Tenth Circuits in holding that after a debtor satisfies the requirements for plan confirmation by surrendering his 910 vehicle, the parties are left...
A recent Northern District of Texas case was heard where the bankruptcy court was asked to determine the ability of a Chapter 13 debtor to move for dismissal while a motion to convert the case to Chapter 7 was pending due to the debtor's bad faith. The court...
In the Interest of B.N.S. was a case out of Dallas where the father appealed from an order granting possession and access of his three children to their grandparents. The mom and dad divorced in 2004 and were named joint managing conservators of their 3 children....
There is no universal list of which crimes constitute crimes of "moral turpitude" and which do not. Courts have decided this on a case-by-case basis. The new rules of evidence continue to incorporate the rule that if more than 10 years have elapsed, a prior conviction...
Prior to confirmation, the Chapter 13 debtor in SLW Capital v. Mansaray-Ruffin filed a proof of claim on behalf of the mortgage creditor stating the debt was unsecured and in an amount of only $1,000. Further, debtor's Chapter 13 plan included a special provision...
A 2008 case was heard by the Dallas Court of Appeals where the attorney general filed suit to establish child support from an alleged father. The father filed an answer and asserted the statute of limitations as an affirmative defense and asked the court to deny...
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 defendant has an absolute right to self-representation....
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