Vidal v. Venettozzi - Prison Disciplinary Due Process

The Second Circuit vacated the Southern District of New York's grant of summary judgment to DOCCS officials in a civil rights case, holding that 180-270 days of disciplinary segregation in the Special Housing Unit constitutes an atypical and significant hardship triggering Fourteenth Amendment due process protections. The court remanded for further proceedings on Joseph Vidal's claim that he was denied the opportunity to call witnesses and present evidence at his disciplinary hearing.

Lance Davis speeding appeal dismissed, untimely notice

Lance Davis speeding appeal dismissed, untimely notice

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.

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.

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.

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.

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).

Equity One Franchisors v. State of Texas - Mandamus on Forum-Selection Clause

The Texas Court of Appeals, 9th District (Beaumont), partially granted mandamus relief in favor of Equity One Franchisors, LLC, regarding enforcement of forum-selection clauses in franchise agreements. The appellate court temporarily stayed trial court proceedings and conditionally granted the petition in part, directing the trial court to reconsider the Motion to Dismiss based on contractual forum-selection clauses.

Arkansas appellate court orders rebriefing in fraud case

Arkansas appellate court orders rebriefing in fraud case

First Service Bank v. Snowden - Subdivision Restriction Enforcement

The Arkansas Court of Appeals affirmed a permanent injunction preventing First Service Bank from using Lot 23 in Goodhaven Subdivision for commercial purposes. The court held that the bank's proposed use violated the subdivision's bills of assurance, which restrict lots to residential use, despite the Greenbrier City Council having approved rezoning. The Snowdens and Barbara Johnson Revocable Trust successfully enforced the 1969 subdivision restrictions.