Montgomery County Appellate and Criminal Law Blog

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Alamo City native Robert Carl “Bert” Richardson grew up in an Air Force family, went to undergraduate school at Brigham Young University and took a law degree at St Mary's University School of Law in San Antonio. He had been a Bexar County Assistant District Attorney and was an Assistant U. S. A...

Texas Rule of Appellate Procedure 13.5 (d) is added requiring Deputy Official Court Reporters to file their names, mailing addresses, telephone numbers, fax numbers- if they have them- email addresses, and Certified Shorthand Reporter numbers in additions to the dates worked, the court in which ...

It does not appear that Texas crime labs are yet equipped to detect the portion of tetrahydrocannabinol in cannabis. Industrial hemp is now iegal in Texas. Generally, the legal difference between legal hemp and illegal marijuana is the level of THC in the cannabis. Hemp looks and smells like mari...

According to a telephone conversation on the morning of June 25, 2019, with Beaumont Ninth Court of Appeals Clerk Carol Anne Harley, Steve McKeithen, Chief Justice of the Court suffered from broken bones and scrapes in a motorcycle accident and had been hospitalized in Conroe. She said that he ha...

President Abraham Lincoln proclaimed the freedom of slaves in the states that were in rebellion against the federal government on January 1, 1863. This included, of course, the State of Texas. The war was ongoing, though, and where Union forces did not know of it or did not press it, it had no pr...

Water seeps up through dialysis clinic's floor. Clinic's repair attempts stop helping. Clinic terminates lease early, moves, and leaves some rent unpaid. Clinic sues the landlord for breach of contract, breach of the implied warranty of suitability for use as a clinic, for a declaratory judgment...

Governor Greg Abbott appointed Houston Fourteenth Court of Appeals Justice Brett Busby in February 2019, and Busby was confirmed by the Texas Senate in March 2019. He had about six years of experience on the Houston bench. He is presently the Chair of the State Bar of Texas Appellate Section and ...

Federal courts of appeals have jurisdiction of final U.S. district court judgments except where a decision may be directly reviewed by the Supreme Court of the United States.  SCOTUS said, in Hall v. Hall, No. 16-1150, Mar. 27, 2018, which I have cleaned up: “A final decision ends the litigation ...

Greg Perkes who had been on Texas's Thirteenth Court of Appeals from 2011 to 2016 was appointed Monday to fill the seat of Dori Contreras who had been raised from there by her election as Chief Justice. Justice Perkes will sit with the Edinburg panel– a red spot in the blue, blue expanses of the...

In Texas state appellate law, you calculate deadlines by counting the first day after a triggering event happens up until the last day of a period that is not a holiday, a Saturday or a Sunday. For example, the deadline to file a notice of appeal of a final criminal trial court judgment signed We...

The Texas Court of Criminal Appeals in a unanimous opinion written by Judge Barbara Hervey held that evidence suppression is not a remedy for a violation of the federal Stored Communications Act or Texas Code of Criminal Procedure Art. 18.21 notwithstanding Texas Code of Criminal Procedure Art. ...

Federal courts of appeals have jurisdiction of final U.S. district court judgments except where a decision may be directly reviewed by the Supreme Court of the United States.  SCOTUS said, in Hall v. Hall, No. 16-1150, Mar. 27, 2018, which I have cleaned up: “A final decision ends the litigation ...