Recent changes
Consolidated Containment LLC et al. v. Maxx Energy Services LLC et al. - Interlocutory Appeal Dismissed
The Texas Court of Appeals, Ninth District (Beaumont) dismissed an accelerated appeal in Consolidated Containment LLC et al. v. Maxx Energy Services LLC et al. The appellants voluntarily filed a motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a)(1) before the court issued a decision on the merits. The court granted the motion and dismissed the appeal per Rule 43.2(f).
James Dwayne Crowley v. State of Texas - Criminal Appeal Dismissal
The Texas Court of Appeals, 9th District dismissed James Dwayne Crowley's appeal in Case No. 09-26-00081-CR for lack of jurisdiction. The court held that an order denying a motion for appointment of counsel is not an appealable order under Texas Rule of Appellate Procedure 25.2(a)(2). Crowley sought post-conviction DNA testing under Chapter 64 of the Texas Code of Criminal Procedure.
Ex Parte Breaux v. State - Habeas Appeal Dismissed for Lack of Jurisdiction
The Texas Court of Appeals, 9th District (Beaumont) dismissed Ex Parte Rebel Hayz Breaux's habeas corpus appeal for lack of jurisdiction. The court held that Breaux failed to demonstrate sufficient current restraint on his liberty to invoke appellate jurisdiction over his misdemeanor family violence assault conviction. This is a procedural dismissal that does not address the merits of Breaux's ineffective assistance of counsel claims.
Ricardo Villarreal v. The State of Texas - Criminal Appeal Affirmed
The Texas Court of Appeals, 9th District (Beaumont) affirmed Ricardo Villarreal's 60-year sentence for continuous sexual abuse of a child under Texas Penal Code § 21.02. The appellate court rejected Villarreal's sole challenge that the trial court improperly admitted expert testimony from the State's witness on child sexual abuse dynamics. The court found no abuse of discretion in the evidentiary ruling.
Morales v. Texas - Felony Evading Arrest Conviction Affirmed
The Texas Court of Appeals, 9th District (Beaumont), affirmed the conviction of Ramon Gerardo Morales for felony evading arrest or detention with a vehicle. The jury found Morales guilty of the third-degree felony, and the trial court sentenced him to five years of confinement as a habitual offender based on a prior felony conviction.
Lance Davis speeding appeal dismissed, untimely notice
Lance Davis speeding appeal dismissed, untimely notice
Matthew Oseng v. Director, Division of Workforce Services - Unemployment Benefits Overpayment
The Arkansas Court of Appeals reversed and remanded a case involving Matthew Oseng, who was ordered to repay $2,464 in unemployment benefits he received but was later determined not entitled to. The court found the Arkansas Board of Review acted hastily and misstated the factual record developed during the Appeal Tribunal hearing. The case is remanded for further proceedings consistent with the opinion.
Arter v. Pike - Boundary Dispute
Arkansas Court of Appeals affirmed the Searcy County Circuit Court ruling in favor of the Pike family, upholding their claim of boundary by acquiescence to a 5.42-acre tract. The court rejected Jerry Arter's appeal and counterclaim challenging the boundary and a quitclaim deed. This decision resolves a property boundary dispute between adjoining landowners in Searcy County.
Melissa Henry (Shoptaw) v. Shawn Henry - Visitation Modification
The Arkansas Court of Appeals affirmed the Saline County Circuit Court's order modifying visitation arrangements for Shawn Henry with the parties' minor child. The appellate court upheld the finding that sufficient changed circumstances existed to warrant modification without requiring a material change of circumstances standard. Appellant Melissa Henry's four arguments on appeal were all rejected.
Patrick Hrdlichka v. Samantha Bengston - Civil Appeal Dismissed
The Arkansas Court of Appeals dismissed Patrick Hrdlichka's appeal in Hrdlichka v. Bengston (No. CV-25-106) due to fatal briefing deficiencies including submission of fictitious case citations. The lower court had awarded Bengtson $10,000 in compensatory damages plus $237.50 in costs under Arkansas Code Annotated section 16-118-107, a statute allowing crime victims to seek damages in civil actions.
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