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Recent changes
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.
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.
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.
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.
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.
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.
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.
Umphress v. Steel - Texas Supreme Court Certified Question
The Texas Supreme Court denied a motion for rehearing in Umphress v. Steel, clarifying its previous ruling on a certified question from the Fifth Circuit. The court reiterated its 'no' answer regarding whether judges can refuse to perform same-sex weddings for religious reasons while still performing opposite-sex weddings.
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