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

Case No. MISSING
Regular Panel Decision

Moore v. State

The appellant appealed a conviction for burglary of a habitation, resulting in a life sentence. The appeal raised four contentions: improper introduction of reputation testimony, denial of a hearing to test a photographic lineup, failure to charge the jury on cruel and unusual punishment, and failure to charge the jury on serving the full sentence. The court addressed each point, noting that reputation testimony based on specific acts, while questionable, was authorized by precedent from the Court of Criminal Appeals. The court affirmed the trial court's decision, finding no merit in the appellant's contentions.

Criminal LawAppealBurglaryRapeReputation TestimonyHearsay ExceptionSpecific Acts EvidencePhotographic LineupCruel and Unusual PunishmentJury Charge
References
10
Case No. MISSING
Regular Panel Decision

Muniz v. State

The appellant appealed a conviction for burglary of a habitation, raising two main issues: lack of probable cause for his arrest and discrimination in the grand jury selection process in Harris County. The court affirmed the conviction, finding that Officer Spies had probable cause to arrest the appellant based on his suspicious behavior and discovered evidence, specifically a screwdriver linking him to an earlier burglary. Furthermore, the court ruled that the appellant failed to demonstrate a prima facie case of systematic exclusion of Mexican-Americans from grand juries, citing recent studies that showed no significant disparity in representation. Challenges regarding the exclusion of low-income and blue-collar workers were also dismissed. The judgment was affirmed.

Burglary of HabitationProbable CauseWarrantless ArrestGrand Jury SelectionRacial DiscriminationMexican-AmericansEqual ProtectionMotion to Quash IndictmentTexas Court of Criminal AppealsCriminal Procedure
References
20
Case No. MISSING
Regular Panel Decision

Witherel v. Balling Construction, Inc.

The judgment in this negligence case was unanimously reversed, and a new trial was granted due to a significant error by the trial court. The error involved allowing testimony regarding the alleged drinking habits of workmen at the construction site. The court clarified that habit testimony is only admissible for deliberate and repetitive practices, not general habits, and that co-workers' habits are not probative of the plaintiff's actions and are highly prejudicial. Testimony concerning the plaintiff’s alleged drinking on the day of the accident is permissible solely to support the defense's theory that the fall was not ladder-related, thus not proximately caused by a breach of statutory duty. However, such testimony is inadmissible for alleged violations of Labor Law § 240(1), as contributory negligence is not a defense in such instances.

AppealNew trialLabor LawHabit testimonyAdmissibility of evidenceContributory negligenceStatutory dutyPrejudicial errorConstruction site accidentPersonal injury
References
1
Case No. MISSING
Regular Panel Decision

Palais Partners v. Vollenweider

A condominium owner sued a former tenant for back rent for the months of March and April 1995. The tenant vacated, claiming constructive eviction and breach of warranty of habitability due to a neighbor's offensive sexual conduct viewable from his apartment. The plaintiff moved to dismiss the tenant's affirmative defenses and counterclaim, while the tenant cross-moved for summary judgment. The court dismissed the tenant's second and third affirmative defenses, which asserted constructive eviction and a right to a share of the new tenant's higher rent, finding the neighbor's actions insufficient to constitute constructive eviction or a breach of the warranty of habitability. The tenant's counterclaim for damages was also dismissed. However, the court referred the tenant's first affirmative defense, concerning improper service due to an attorney's return address on a CPLR 308(2) mailing, for a traverse hearing to determine if it constituted a jurisdictional defect.

Constructive EvictionWarranty of HabitabilityImproper ServiceJurisdictional DefectReturn AddressCPLR 308(2)CPLR 3215(g)(3)Summary JudgmentAffirmative DefensesCounterclaim Dismissal
References
9
Case No. 03-07-00014-CR
Regular Panel Decision
Nov 29, 2007

Quintin Joseph Carruthers v. State

Appellant Quintin Joseph Carruthers pleaded guilty to burglary of a habitation and was sentenced to twenty years in prison, along with a $4,000 restitution order. Appellant appealed, arguing there was no factual basis in the record for the restitution amount. The court reviewed the victim's testimony which identified stolen items and confirmed a total loss of $4,000. The appellate court concluded that the victim's testimony provided an adequate factual basis for the restitution order. The judgment of conviction was affirmed.

BurglaryRestitutionFactual BasisCriminal ProcedureSentencingAppellate ReviewWitness TestimonyProperty LossTexas Penal CodeTexas Code of Criminal Procedure
References
6
Case No. POM 0251137
Regular
Aug 17, 2007

VICTOR IBARRA vs. STAR FORD, STATE COMPENSATION INSURANCE FUND

This case concerns an employer's petition for reconsideration of a finding of $100\%$ permanent disability for an auto mechanic injured in 2000. The defendant argued the Agreed Medical Examiner's (AME) psychiatric report did not support total disability, but the Board affirmed the WCJ's decision. The Board found substantial evidence supported the $100\%$ permanent disability finding, including the AME's opinion on the applicant's unemployability in the open labor market despite minor factual inaccuracies regarding medication and driving habits.

Workers Compensation Appeals BoardPermanent DisabilityAgreed Medical ExaminerFailed Back SyndromeVocational RehabilitationMajor Depressive DisorderSubstantial EvidenceCredibility DeterminationsOpen Labor MarketSpine Surgery
References
0
Case No. 07-08-0270-CR
Regular Panel Decision
Jan 08, 2009

Michael Lynn Skaggs v. State

Michael Lynn Skaggs was convicted of burglary of a habitation and sentenced to ten years probation. The State later filed a motion to revoke his probation, which the trial court granted, leading to a ten-year imprisonment sentence. Skaggs appealed this revocation and judgment. His appointed counsel filed an Anders brief, concluding that the appeal was without merit after diligent review of the record. The appellate court conducted its own independent review and concurred with counsel's conclusion, finding no reversible error and affirming the trial court's judgment.

Criminal AppealProbation RevocationBurglary of a HabitationAnders BriefAppellate ProcedureFrivolous AppealSufficiency of EvidenceDue ProcessTexas LawMemorandum Opinion
References
1
Case No. MISSING
Regular Panel Decision
Mar 08, 1999

Atlantic Horizon Realty Corp. v. Rodriguez

This case involves a spoliation hearing stemming from a nonpayment summary proceeding. Respondents alleged a breach of warranty of habitability due to lead contamination. During discovery, it was revealed that the landlord (petitioner) had demolished the subject premises, rendering a lead inspection by respondents' experts impossible. The court found that the premises were deliberately demolished at a critical point in the litigation to prevent inspection. Citing case law on spoliation of evidence, the court dismissed the petitioner's summary proceeding with costs. Respondents' counterclaim for a 50% rent abatement was severed for a separate trial.

Spoliation of evidenceNonpayment summary proceedingBreach of warranty of habitabilityLead contaminationDemolition of premisesDiscovery sanctionsDismissal with costsTenant rightsLandlord-tenant disputeExpert testimony
References
4
Case No. ADJ8503725
Regular
Jan 09, 2017

DAVID LEZCHUK (Deceased), MELISSA LEZCHUK, Guardian ad Litem for MADISON GRACE LEZCHUK, minor vs. CAL FIRE—DEPARTMENT OF FORESTRY AND FIRE PROTECTION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's untimely petition for reconsideration. The Board also denied the defendant's petition, upholding the finding that Madison Lezchuk, the minor dependent, is entitled to an additional death benefit of $53,000. This additional benefit is to be placed in a trust due to the applicant's spending habits and inability to manage funds, ensuring protection of Madison's future interests. The WCAB affirmed that the "good cause" exception under Labor Code section 4704 allows for such awards despite the applicant's receipt of a CALPERS Special Death Benefit.

CALPERSSpecial Death BenefitLabor Code section 4707Labor Code section 4704good causeminor dependentdeath benefitGuardian ad Litemindustrial injuryWCJ discretion
References
3
Case No. 07-05-0202-CR
Regular Panel Decision
Nov 30, 2005

Gilbert Leija, Jr. v. State

Gilbert Leija, Jr. appealed his conviction for burglary of a habitation, challenging the legal and factual sufficiency of the evidence and the trial court's refusal to permit cross-examination of the victim about a pending criminal investigation. The court found sufficient evidence to support the burglary conviction, noting that the appellant was found uninvited inside the home near unplugged appliances, was in need of money, and had a history of stealing. The court also upheld the trial court's decision to exclude evidence of the victim's pending criminal investigation, as she had not been convicted of a felony or crime of moral turpitude. The judgment of the trial court was affirmed.

BurglarySufficiency of EvidenceCriminal LawAppellate ProcedureCross-ExaminationWitness CredibilityTexas Penal CodeTexas Rules of EvidenceTheftHabitation
References
11
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