Texas Code of Criminal Procedure 38.22 only applies to statements that are taken while the defendant is subject to custodial interrogation. If either the "custodial" or "interrogation" predicates are not me then that section does not apply.Arizona v. Miranda was the...
In a 2009 case, the Chapter 13 Trustee objected to plan confirmation and challenged a $613 expense for a mortgage payment and taxes in the debtors' budget. The mortgage was on a home in which the joint debtor's parents resided in. Additionally, the home had been...
In re Smith was a case out of Houston were pursuant to an agreed order in 2006, the paternal grandfather and his wife were appointed joint managing conservators of their grandchild. The mother and father were appointed possessory conservators and awarded limited...
Insanity is a defense in Texas to criminal conduct. If, at the time of the offense, the defendant did not know that his conduct was wrong then that is a legal defense that requires an acquittal. If someone is not competent to stand trial and they were not insane at...
In a recent case, the debtor purchased a vehicle in which the creditor had perfected a first priority purchase money security interest. With 910 days of the initial contract's signing, the debtor and his wife filed a Chapter 13 bankruptcy. The debtors proposed to...
In re Rodriguez and the Office of the Attorney General was a case out of Dallas, where in July 2007 the Attorney General filed a child support action relating to two children. In October, the mom filed for divorce and the two actions were consolidated. The dad filed...
In re Collins is a case out of Houston where the mom and dad were appointed joint managing conservators of their child by order dated May 2003 and the mother was given the primary right to establish residence and to represent the child in legal actions. In March 2007...
In re Ferrell was a case out of the 9th Circuit where the court ruled statutory damages are not available for violations of the bankruptcy code. The court also rejected a claim for actual damages and for attorney's fees. The debtor received a pay-day loan, which...
Criminal mischief is where a person without the effective consent of the owner he intentionally or knowingly damages or destroys the tangible property of the owner or tampers with the tangible property of the owner and causes pecuniary loss or substantial...
Mahady v. Mahady was a 2008 case out of Fort Worth where the husband and wife were married and had 5 children. In 2005, wife left with the children and moved to California. Husband filed for a divorce in Texas and was eventually able to serve wife with citation....
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