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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

People v. Spicola

Michael Spicola was convicted on multiple counts of first-degree sodomy, first-degree sexual abuse, and endangering the welfare of a child stemming from allegations by a young boy. The defense challenged the boy's credibility due to delayed reporting (seven years after the first alleged incident) and continued association with Spicola. The trial court allowed testimony from a nurse-practitioner and a clinical social worker on Child Sexual Abuse Accommodation Syndrome (CSAAS) to explain typical victim behaviors, including delayed disclosure. The Court of Appeals affirmed the Appellate Division's decision, ruling that the admission of this expert testimony was proper, as it served to dispel juror misconceptions about child sexual abuse victims' reactions and did not improperly bolster the victim's credibility or assert that abuse occurred.

Child Sexual AbuseDelayed DisclosureChild Sexual Abuse Accommodation SyndromeExpert Witness TestimonyCredibility AssessmentHearsay ExceptionMedical Examination FindingsAppellate ReviewCriminal ConvictionPenal Law
References
23
Case No. 11-24-00084-CV
Regular Panel Decision
Aug 08, 2024

In the Interest of D.K., a Child v. the State of Texas

This case involves the appeal of a final order terminating the parental rights of the mother and father to their child, D.K. The child tested positive for methamphetamine and THC at birth due to the mother's drug use. Both parents were uncooperative with the Department of Family and Protective Services, failing to provide identifying information or engage in required services. The father, in particular, had sporadic contact, was incarcerated at various times, and did not complete his service plan. He failed to appear at the final hearing, citing transportation issues, and his request to appear electronically was denied by the trial court, which emphasized the importance of physical presence for credibility assessment. The appellate court affirmed the termination for both parents, deeming the mother's appeal frivolous and finding no preserved due process violation for the father, nor any merit to his claim.

Parental Rights TerminationChild WelfareDue Process ViolationAppellate ProcedureSubstance AbuseChild NeglectCourtroom AppearanceFrivolous AppealAnders BriefBest Interest of Child
References
39
Case No. MISSING
Regular Panel Decision
Dec 17, 1968

In re Male Child Wilkov

In a contested adoption proceeding, the natural mother appealed an order from the Family Court, Suffolk County, dated December 17, 1968. The order had concluded that she abandoned her infant child, dismissed her application for the child's return, rejected her objection to the proposed adoption, and directed the court clerk to proceed with the adoption application. The appellate court affirmed the order, despite noting an error by the trial court regarding a social worker's communication. The trial court mistakenly believed the natural mother spoke with a hospital social worker, when in fact, the social worker had only conversed with the child's grandmother. However, the appellate court found that there was ample independent evidence to support the abandonment finding, irrespective of this factual dispute.

Adoption LawChild AbandonmentFamily Court AppealParental RightsSuffolk County Family CourtAppellate AffirmationSocial Worker TestimonyFactual ErrorEvidentiary SupportChild Custody
References
1
Case No. 02-15-00176-CV
Regular Panel Decision
Nov 19, 2015

in the Interest of A.P., a Child

This is an appeal from a trial court's order terminating the parental rights of Mother and Father to their child, Timmy (A.P.). Mother and Father challenged the termination, arguing issues of involuntary relinquishment, ineffective assistance of counsel, and that termination was not in the child's best interest. The Department of Family and Protective Services presented evidence of parental drug use, criminal history, mental health issues, and an unstable home environment, leading to the child's removal multiple times. Both parents eventually signed affidavits of voluntary relinquishment of parental rights, which they later attempted to revoke, claiming duress or ineffective assistance. The Court of Appeals affirmed the trial court's decision, finding no abuse of discretion in denying new trials and that the signed relinquishment affidavits were sufficient to support the best interest finding for the child.

Parental Rights TerminationChild CustodyAffidavit of RelinquishmentIneffective Assistance of CounselDuressChild Best InterestDrug UseCriminal HistoryMental HealthAppellate Review
References
31
Case No. MISSING
Regular Panel Decision

In re Frank F.

The mother appealed an order of disposition from the Family Court, Queens County, dated November 14, 2003, which, upon a fact-finding order, found her to have abused and neglected her child and released the child to the father. The appellate court affirmed the order, ruling that the child's out-of-court statements of abuse and neglect were sufficiently corroborated by a social worker's personal observations of the child’s injuries and the child's medical records. The court found no reason to disturb the Family Court's determination of factual issues and issues of credibility, stating that a preponderance of the evidence established the child was abused and neglected by the mother.

child protective serviceschild abusechild neglectcorroborationout-of-court statementsmedical recordssocial worker observationsFamily Court ActappealQueens County
References
9
Case No. MISSING
Regular Panel Decision
May 25, 2000

In re Hadja B.

The Family Court, New York County's order of disposition, entered on May 25, 2000, which placed a child with a petitioner agency for 12 months due to a finding of neglect, was unanimously affirmed. The court found that the respondent inflicted excessive corporal punishment on the child, a finding supported by the child’s sworn, in-camera testimony and prior consistent statements. The testimony described respondent repeatedly hitting the child with various objects, causing injuries. The Family Court's credibility findings were upheld, and the in-camera examination of the child, with respondent's attorney present, was deemed proper given an affidavit indicating the respondent's abuse compromised the child’s ability to testify clearly in their presence.

Child NeglectCorporal PunishmentChild AbuseFamily CourtCredibilityIn-camera TestimonyAgency PlacementChild WelfareExcessive ForceWitness Testimony
References
3
Case No. 14-14-00968-CV
Regular Panel Decision
Apr 26, 2016

in the Interest of J.O.A., a Child

This case involves an appeal by the mother (A.S.A.) concerning a Suit Affecting the Parent-Child Relationship (SAPCR) order from the 257th District Court of Harris County, Texas. The order modified conservatorship and child support in favor of the father (A.A.) of J.O.A., a child. The mother contended the trial court erred by awarding custody to the father, denying her motions for new trial and continuance, and that the evidence was insufficient. The Fourteenth Court of Appeals affirmed the trial court's judgment. While the conservatorship issue was deemed moot as J.O.A. had turned 18, the appellate court found a live controversy remained regarding financial obligations. The court concluded that the trial court did not abuse its discretion in denying the mother's motion for new trial, citing her counsel's conscious indifference to the trial setting, and her oral motion for continuance was properly denied for lack of verification. The awards for child support and attorney's fees to the father were also upheld.

Child Support ModificationConservatorship DisputesAppealsDenial of New TrialDenial of ContinuanceParental AlienationBest Interest of ChildTexas Family CodeAttorney's Fees AwardMootness Doctrine
References
31
Case No. 12-18-00281-CV
Regular Panel Decision
Sep 27, 2019

in the Interest of B. L. W., a Child

This case involves an appeal by Brandon Lynn Walker against a trial court's order concerning conservatorship and child support for B.L.W., a child he shares with Kamena Taquay Handsborough. Brandon challenged the custody arrangements, child support calculations, the denial of his motion for a new trial, and the refusal to grant additional findings of fact and conclusions of law, as well as his motion to suspend judgment. The appellate court affirmed the trial court's conservatorship decisions, finding no abuse of discretion in appointing both parents as joint managing conservators and Kamena with the exclusive right to designate the child's primary residence. However, the court reversed and remanded the portion of the order regarding child support due to an inconsistency in the ordered amounts, which were not properly supported by evidence or calculation guidelines. All other issues raised by Brandon were overruled.

Child CustodyChild SupportParental RightsAbuse of DiscretionFamily LawConservatorshipMotion for New TrialFindings of FactConclusions of LawMotion to Suspend Judgment
References
43
Case No. 2-06-409-CV
Regular Panel Decision
May 31, 2007

in the Interest of A.M.S.S., a Child

Appellant Lola S. appealed the trial court's denial of her motion for new trial, asserting an abuse of discretion in terminating her parental rights to her child, A.M.S.S. Lola S. did not appear for trial, claiming she did not receive written notice due to a change of address, though her counsel confirmed she was informed. The Texas Department of Family and Protective Services (TDFPS) presented a history of Lola S.'s endangering conduct towards her other child and other criminal acts. The trial court found clear and convincing evidence that Lola S. endangered the child's well-being and that termination was in the child's best interest. The Court of Appeals affirmed the trial court's judgment, concluding there was no abuse of discretion.

Parental Rights TerminationChild EndangermentMotion for New TrialAbuse of DiscretionAppellate ReviewFamily LawChild WelfareTexasDefault JudgmentEvidence Admissibility
References
4
Case No. 2020 NY Slip Op 06316
Regular Panel Decision
Nov 05, 2020

People v. May

The case concerns an appeal by Nicholas A. May from a judgment convicting him of predatory sexual assault against a child and course of sexual conduct against a child in the second degree. The charges arose from allegations that May sexually abused an underage victim over several years. May challenged the verdict's legal sufficiency and weight of the evidence, the admissibility of expert testimony concerning child sexual abuse, and claims of ineffective assistance of counsel. The Appellate Division, Third Department, affirmed the County Court's judgment, finding sufficient evidence, appropriate expert testimony from a nurse practitioner and a licensed clinical social worker, and meaningful representation by trial counsel, despite the defense's arguments regarding the victim's credibility and lack of corroboration. The court noted that the issues raised by the defense were adequately explored during the trial.

Child sexual abusePredatory sexual assaultCourse of sexual conductExpert witness testimonyIneffective assistance of counselAppellate reviewJury verdictVictim credibilityChild abuse accommodation syndromeCriminal law
References
33
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