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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Beck v. State

Plaintiff, Carolyn Beck, a driver's license examiner for the State of Tennessee, was sexually assaulted at her workplace in Knoxville in August 1987. Although she initially completed her shift, her anxiety worsened, leading to a diagnosis of post-traumatic stress disorder, which a psychiatrist linked to the assault aggravating a prior trauma. The employer, the State of Tennessee, appealed the Claims Commission's award of benefits, arguing the assault was not a compensable 'injury by accident' and did not arise out of employment. The Supreme Court affirmed the Claims Commission's judgment, holding that the sexual assault constituted an acute, sudden, and unexpected emotional stress, making it a compensable accidental injury, and that it arose out of employment due to the plaintiff's indiscriminate exposure to the public as a condition of her work.

Mental Health ClaimsWorkplace InjurySexual AssaultPost-Traumatic Stress DisorderDisability BenefitsEmployment LawLegal PrecedentAppellate ReviewTennessee Supreme CourtCompensable Accident
References
12
Case No. 12-15-00137-CR
Regular Panel Decision
Sep 30, 2015

Michael Vincent Moore v. State

Michael Vincent Moore appeals his capital murder conviction, arguing legal insufficiency of evidence. He was indicted for capital murder involving the strangulation and aggravated sexual assault of Alicia Moore. Moore claims the State failed to sufficiently link him to the murder, presenting a case based entirely on circumstantial evidence and DNA for sexual assault. He highlights a lack of motive, alternative suspects (Mike Wofford, Omes and Adrian Gray, Dee Williams, Terry Ramsire), and an inadequate police investigation. Moore also asserts that trial court errors, including admitting irrelevant phone records and a prejudicial news interview, cumulatively affected his substantial rights, warranting a new trial and reversal of the judgment.

Legal InsufficiencyCircumstantial EvidenceCapital MurderSexual AssaultDNA EvidencePolice InvestigationWitness CredibilityCell Phone RecordsTrial ErrorsDue Process
References
18
Case No. 01-22-00505-CR
Regular Panel Decision
Jan 25, 2024

Xavier Johnson v. the State of Texas

Xavier Johnson appealed his convictions for retaliation and assault on a public servant, stemming from an incident where he assaulted his literacy teacher, Nicole Truelove, at the Ferguson Prison Unit. Truelove alleged Johnson physically assaulted her and made threats after she began writing a disciplinary report against him for violating classroom rules. The jury acquitted Johnson of aggravated sexual assault but convicted him of retaliation and assault on a public servant. On appeal, Johnson challenged the legal sufficiency of the evidence for both convictions and the trial court's evidentiary rulings regarding Truelove's financial condition and an audiotape. The First District of Texas Court of Appeals affirmed the trial court's judgment, finding sufficient evidence to support the convictions and no abuse of discretion in the evidentiary rulings.

Criminal LawRetaliationAssault on Public ServantSufficiency of EvidenceAppellate ReviewEvidentiary RulingsConfrontation ClauseRule 403 AnalysisWitness CredibilityPrison Inmate
References
64
Case No. 14-01-01143-CR and 14-01-01144-CR (Trial Court Cause Nos. 862,982 and 827,178)
Regular Panel Decision
Jan 09, 2003

Edwards, Michael Jerome v. State

Appellant Michael Jerome Edwards was convicted of improper sexual activity with a person in custody and sexual assault. He was sentenced to two years for the first offense and ten years for sexual assault. The offenses occurred during a transport from Corpus Christi to Houston, where Edwards, a transportation agent, sexually assaulted the complainant. On appeal, Edwards challenged the sufficiency of evidence regarding venue in Harris County and his employee status with the Harris County Jail, as well as the use of force in the sexual assault. The court affirmed the trial court's judgment, finding sufficient evidence for all points and overruling the appellant's points of error.

Sexual AssaultImproper Sexual ActivityPerson in CustodyVenue DisputeEmployee StatusAgency LawPhysical ForceThreatened ForceJury ArgumentAppellate Review
References
32
Case No. MISSING
Regular Panel Decision
Apr 28, 2008

People v. Beauharnois

This case is an appeal from a judgment convicting the defendant of sexual abuse, course of sexual conduct, predatory sexual assault, predatory sexual assault against a child, and endangering the welfare of a child. The conviction stemmed from a victim's testimony detailing years of sexual abuse by the defendant, corroborated by a pediatrician's expert medical testimony. On appeal, the defendant challenged the verdict's weight of evidence and argued that the course of sexual conduct conviction was a lesser included offense of predatory sexual assault. The appellate court affirmed the jury's credibility findings and the medical evidence. It modified the judgment by dismissing the conviction for course of sexual conduct as a lesser included offense, but upheld the conviction for endangering the welfare of a child and the sentences imposed.

Sexual abusePredatory sexual assaultChild endangermentLesser included offenseAppellate reviewVictim credibilityExpert medical testimonyCriminal convictionSentencingJudicial discretion
References
24
Case No. MISSING
Regular Panel Decision
Mar 03, 2005

Hunt v. State

The claimant, arrested for grand larceny in 1998, was unable to post bail and was sexually assaulted by another inmate while in the Manhattan Detention Center. Despite a court directive for protective custody on September 18, 1998, state court officers failed to properly record this order on the securing order. Consequently, the claimant was returned to general population and assaulted again on September 21. The Court of Claims initially dismissed the claimant's action for damages against the State. However, the appellate court reversed this decision, finding that the court officers' failure to record the protective custody order was a breach of a ministerial duty, thereby establishing state liability. The case has been remanded for a trial to determine the damages for the September 21 assault.

Inmate AssaultProtective CustodyMinisterial NegligenceState LiabilityCourt Officer DutySecuring OrderDamages RemandAppellate ReversalCorrectional Facility NegligencePrisoner Safety
References
7
Case No. 01-23-00383-CV
Regular Panel Decision
Apr 09, 2024

Delirium TV LLC v. Tran Dang

Delirium TV, LLC appealed the trial court's denial of its motion to compel arbitration against Tran Dang. Tran Dang, a participant in the reality TV show "Love Is Blind," alleged sexual assault by a fellow participant and subsequently sued Delirium TV, LLC for civil assault, false imprisonment, and negligence. Delirium sought to enforce an arbitration agreement, but Dang argued her claims were exempt under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). The appellate court affirmed the trial court's decision, ruling that Dang's allegations constituted a "sexual assault dispute" under the EFAA, rendering the predispute arbitration agreement invalid for these claims. The Court also rejected arguments that Dang waived her right to contest arbitration by pursuing separate wage claims in arbitration and affirmed the denial of Delirium's motion to stay the litigation.

Sexual AssaultArbitration AgreementEFAAEnding Forced Arbitration of Sexual Assault and Sexual Harassment ActMotion to Compel ArbitrationInterlocutory AppealVicarious LiabilityRespondeat SuperiorTexas Court of AppealsLove Is Blind
References
42
Case No. 2013-74668
Regular Panel Decision
Feb 20, 2015

in Re Solid Software Solutions, Inc., D/B/A Edible Software

Andrea Farmer, an employee of Solid Software Solutions, Inc. d/b/a Edible Software, filed a lawsuit against her employer and Henri Morris (President and CEO) alleging sexual assault and invasion of privacy. Ms. Farmer claims Morris drugged her during business trips, rendering her unconscious, and then sexually assaulted her and took nude photographs without her consent. The defendants filed a Motion to Dismiss or for Summary Judgment, arguing that the claims are time-barred under a two-year limitations period and are preempted by the Texas Commission on Human Rights Act (TCHRA), which addresses workplace discrimination. Ms. Farmer argues that her claims are not workplace discrimination but intentional sexual assaults, governed by a five-year statute of limitations for sexual abuse or, alternatively, that the limitations period was tolled due to fraudulent concealment. She also asserts that the TCHRA is inapplicable and that, if Texas law is not applied, the laws of the states where the attacks occurred support her claims for assault/battery.

Sexual AssaultInvasion of PrivacyStatute of LimitationsFraudulent ConcealmentTexas Civil Practice and Remedies CodeTexas Labor CodeWorkplace DiscriminationEmployee LitigationTort LawSexual Abuse
References
234
Case No. NO. 14-17-00162-CV
Regular Panel Decision
Nov 20, 2018

Gerardo Solis, Osmin Turcios, Chipotle Mexican Grill of Colorado, LLC, and Chipotle Mexican Grill, Inc. v. S. V.Z., Individually and as Next Friend of A.Z., Her Minor Child

This civil case involves the statutory rape of a 16-year-old by her 26-year-old supervisor at Chipotle Mexican Grill, leading to a lawsuit filed by the victim's mother against the supervisor, a manager, and the restaurant. The mother asserted claims for sexual assault, aiding and abetting, and sexual harassment. The jury returned a verdict in favor of the victim, but the judgment was appealed. The appellate court reversed and remanded the sexual assault claim against the supervisor and the sexual harassment claim against Chipotle for a new trial due to an erroneous jury instruction. It also rendered judgment that the plaintiff take nothing on the sexual assault claim against Chipotle, which was preempted by TCHRA, and the aiding and abetting claim against the manager, as that cause of action is not recognized under Texas common law.

Sexual AssaultStatutory RapeSexual HarassmentHostile Work EnvironmentAge of ConsentActual DamagesCompensatory DamagesJury Instruction ErrorRemand for New TrialPreemption
References
53
Case No. 2-04-248-CR
Regular Panel Decision
Jul 27, 2006

John Emenhiser v. State

John Emenhiser was convicted of two counts of indecency with a child, one count of aggravated sexual assault of a child, and one count of sexual performance by a child, leading to a total of 149 years of confinement. He appealed, challenging the trial court's decisions on a subpoena, witness exclusion, evidence suppression, and a venireperson challenge, as well as the sufficiency of the evidence. The Court of Appeals reviewed these arguments, affirming the trial court's judgment. The case detailed sexual misconduct allegations involving a 13-year-old victim, K.R., including incidents on a school bus and at her home where photographs were reportedly taken.

Child IndecencyAggravated Sexual AssaultSexual Performance by a ChildCompulsory ProcessSubpoena QuashingSequestration of WitnessesExclusion of Witness TestimonySearch Warrant Probable CauseSuppression of EvidenceSufficiency of Evidence
References
32
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