Texas prosecutors often rely on the testimony of alleged victims or eyewitnesses to obtain convictions for violent crimes. It is important to remember that witnesses are only human, and sometimes they will testify in a manner that the prosecution did not expect. Such surprise testimony may put the defense at a serious disadvantage by not…
When dividing property in divorce proceedings, courts will distinguish between separate property and community property. Separate property represents any property or assets that one person has held since before they were married. Conversely, community property constitutes property or assets shared between spouses. Typically, only community property is subject to division among the former spouses. Texas…
A recent criminal case before a district court in Texas highlights the importance of specific and credible testimony during trial. At issue in this appeal was the defendant’s conviction for aggravated assault by threat. On appeal, the defendant argued there was insufficient evidence to prove he threatened one of the complainants in the case. Upon…
White-collar crimes, often involving financial deception or fraud, present a unique set of challenges for lawmakers and criminal attorneys alike. The evolving economy in the digital age necessitates new laws and regulations to address the evolving nature of white-collar crime. A recent judicial opinion from the Court of Criminal Appeals of Texas sheds light on…
Prosecutors in Texas have the incentive to pursue the most serious charges and convictions that they can justify, as their reputations may depend on the number of serious crimes that they have prosecuted. Because of this, prosecutors are often known to overcharge defendants; pursuing charges for crimes that a defendant could not reasonably have committed….
A recent Texas Supreme Court case reviewed the termination of a father’s parental rights based in large part on his illegal drug use. The trial court found sufficient evidence to terminate the father’s parental rights, but the appeals court disagreed. The Texas Supreme Court reversed the appeals court decision based on the evidence required to…
In a recent case, the Texas Supreme Court heard a case involving the termination of a mother’s parental rights. The trial court found sufficient evidence to terminate her rights, but the appeals court reversed. Ultimately, the high court reversed the appeal court’s ruling, finding sufficient circumstantial evidence and crediting a nurse’s testimony, which the court of appeals…
The amount of child support a parent must pay can depend on a number of factors. A parent’s current income and assets are relevant to their child support obligations, but courts may also consider the child’s age and needs if they justify a departure from typical child support guidelines. A court also may order retroactive…
Facing criminal charges can be overwhelming, especially when the aftermath involves not just legal consequences but also financial burdens. Texas criminal courts are allowed to issue restitution orders to victims of criminal cases, and the payments must be made as part of a defendant’s criminal case. Criminal restitution can exist in addition to civil liability…
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