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State v. Jennings - Utah Supreme Court Opinion
The Utah Supreme Court issued an opinion in State v. Jennings, addressing the standard required for a defendant to establish a prima facie claim of justification under the Pretrial Justification Statute. The court clarified the evidentiary burden on defendants seeking to have a justification defense determined before trial.
Seeger Justin Uriah - Habeas Corpus Out of Time PDR Granted
The Court of Criminal Appeals of Texas granted an out-of-time petition for discretionary review for Justin Uriah Seeger. This decision stems from a finding that his appellate counsel's performance was deficient in failing to timely inform him of his conviction affirmation and his right to file a pro se petition.
Gallamore George Stanley - Out of Time Appeal Granted
The Court of Criminal Appeals of Texas granted an out-of-time appeal for George Stanley Gallamore in case WR-97,273-01. The court found that Gallamore was denied his right to an appeal due to a breakdown in the system, specifically counsel's failure to timely file a notice of appeal.
Martinez v. State - Habeas Corpus Relief Granted
The Texas Court of Criminal Appeals granted habeas corpus relief to Ramiro Martinez, reforming his sentence for capital murder. The court found that his juvenile status at the time of the offense, coupled with the Eighth Amendment, necessitated a sentence modification.
Kildow v. Texas - Habeas Corpus Application Granted
The Texas Court of Criminal Appeals granted Lonard Kildow's habeas corpus application, allowing him an out-of-time appeal for a conviction of aggravated assault with a deadly weapon. The court ordered the trial court to determine indigency and appoint counsel if requested, with a notice of appeal due within thirty days of the court's mandate.
Kendrick v. Texas - Out of Time Appeal Granted
The Texas Court of Criminal Appeals granted Eric Robert Kendrick an out-of-time appeal. The court found that counsel failed to timely file a notice of appeal, thus denying Kendrick his right to an appeal. He may now file an out-of-time appeal for his conviction.
Morrison v. Morrison - Divorce Decree Enforcement Case
The Texas Supreme Court reversed an appeals court decision in Morrison v. Morrison, remanding a divorce decree enforcement case to the trial court. The court found that while the trial court had jurisdiction to enforce the decree, it erred in reallocating property proceeds without evidence of damages.
In the Estate of J. Hugh Wheatfall - Probate Case
The Texas Supreme Court reversed a court of appeals judgment in a probate case concerning the estate of J. Hugh Wheatfall. The Court remanded the case to the appeals court for further consideration of the merits, finding that a prior order was not a final, appealable judgment.
Privilege Underwriters Reciprocal Exchange v. Mankoff - Insurance Windstorm Interpretation
The Texas Supreme Court reversed a lower court's decision in Privilege Underwriters Reciprocal Exchange v. Mankoff, ruling that a tornado damage claim is subject to the policy's "Windstorm or Hail Deductible." The court reinstated the trial court's judgment favoring the insurer.
Gardens of Connemara Ltd. v. Longhorn Creek Ltd. - Texas Supreme Court Opinion
The Texas Supreme Court issued an opinion in Gardens of Connemara Ltd. v. Longhorn Creek Ltd. The case concerns the application of Rule 91a to dismiss a claim involving a private transfer fee on real property. The court denied a petition for review, leaving lower court decisions in place.
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