CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 2-03-164-CR
Regular Panel Decision
May 06, 2004

Lauren Beth Owen v. State

Lauren Beth Owen appealed her conviction for possession of methamphetamine. A jury found Owen guilty and assessed punishment at sixteen years’ confinement and a $10,000 fine. Owen contended the trial court erred by admitting evidence during the guilt-innocence phase that she was on deferred adjudication probation for the instant offense and that she had several fictitious driver’s licenses and credit cards in her possession when arrested. The appellate court affirmed the trial court's decision regarding the deferred adjudication probation, finding it admissible under Rule 404(b) to rebut Owen’s defense of lacking intent or knowledge. However, the court found the admission of fictitious driver’s licenses and credit cards for impeachment purposes to be an abuse of discretion under Rules 608(b) and 609. Despite this error, the court deemed it harmless due to ample other evidence supporting Owen's guilt. The trial court's judgment was affirmed.

Methamphetamine PossessionDrug ConvictionExtraneous OffensesRule 404(b) EvidenceImpeachment EvidenceDeferred Adjudication ProbationHarmless Error AnalysisAppellate ReviewTexas Court of AppealsCriminal Procedure
References
33
Case No. MISSING
Regular Panel Decision

People v. Smith

The defendant appealed a judgment from the Supreme Court, Kings County, convicting him of criminal possession of a weapon in the second degree. The appeal concerned the prosecutor's peremptory challenges during jury selection. The trial court found a pattern of intentional discrimination against black prospective jurors, specifically noting the prosecutor's inability to provide a race-neutral reason for one challenge and finding another pretextual. The appellate court focused on the prosecutor's challenge of a prospective juror based solely on his employment as a postal worker, ruling that such a reason must relate to the case facts or the juror's qualifications. Finding this explanation pretextual, the appellate court reversed the defendant's conviction and ordered a new trial.

Jury SelectionPeremptory ChallengeBatson ChallengeRace-Neutral ReasonEmployment-Based ChallengePretextual ExplanationRacial DiscriminationCriminal Possession of a WeaponNew TrialAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

In Re Horkins

The U.S. Bankruptcy Court addressed West End Terrace, Inc.'s (WETI) motion for summary judgment regarding a debtor in possession's objection to WETI's claim. The court granted summary judgment for WETI, ruling that the debtor's claims of fraud in condominium sales were barred by res judicata due to prior state court judgments. Additionally, the court rejected claims of irregularities in foreclosure sales, citing insufficient evidence from the debtor and non-compliance with discovery rules. Later, the court denied the debtor's motion to alter or amend the summary judgment, reiterating its prior findings and emphasizing the debtor's failure to meet Rule 56(f) requirements for further discovery.

BankruptcySummary JudgmentRes JudicataForeclosure SalesAutomatic Stay ViolationDebtor in PossessionClaim ObjectionFraud AllegationsCondominium SalesFederal Rule of Civil Procedure 56(f)
References
50
Case No. MISSING
Regular Panel Decision

Thompson v. Apollo Paint & Body Shop

This case involves an appeal concerning the interpretation of "possession" as it relates to mechanic's liens under Chapter 70, Subchapter A, of the Texas Property Code. Apollo Paint & Body Shop repaired Leonard Boedecker's Corvette but was not paid after Boedecker stopped payment on a check. Apollo subsequently conducted a foreclosure sale and obtained a new certificate of title without actually possessing the vehicle. Jay Thompson later purchased the Corvette from Boedecker, who was in actual possession of the vehicle at the time of sale. The trial court initially awarded Apollo title and possession, but the appellate court reversed, ruling that actual possession is a prerequisite for foreclosing a statutory worker's lien and that Thompson qualified as a bona fide purchaser. The court concluded that Apollo's lien rights were cut off by Thompson's bona fide purchase, emphasizing the necessity of actual possession for perfecting such a lien.

Mechanic's LienPossessory LienTexas Property CodeBona Fide PurchaserForeclosure SaleActual PossessionConstructive PossessionCertificate of Title ActWorkers' LienAutomobile
References
11
Case No. GA-0561
Regular Panel Decision
Aug 14, 2007

Untitled Texas Attorney General Opinion

Under the terms of the Texas Alcoholic Beverage Code, a pool hall may operate on a BYOB ("bring your own bottle") basis without a permit or license from the Texas Alcoholic Beverage Commission. Moreover, the City of Corsicana may not by municipal ordinance regulate the possession or consumption of alcoholic beverages within a pool hall that operates on a BYOB basis.

BYOB regulationAlcoholic Beverage CodeMunicipal ordinancesState preemption doctrinePool hall operationsAlcoholic beverage licensingPermit requirementsDry areasWet areasPrivate club status
References
3
Case No. MISSING
Regular Panel Decision
Jan 14, 2002

People v. Fernandez

The defendant was convicted of assault in the second degree and criminal possession of a weapon in the fourth degree after a jury trial in Bionx County. The Supreme Court affirmed the judgment and concurrent sentences of six years and one year, respectively. The verdict was upheld against the weight of the evidence, as the jury properly rejected the defendant's justification defense, finding his use of force unjustified despite the complainant reaching for the knife first. The court noted that the defendant inflicted severe injuries while remaining uninjured and was still advancing with a knife on the unarmed, retreating complainant when police arrived. Additionally, the court properly redacted a reference to past drug use from the complainant's medical triage sheet due to a lack of proper foundation and irrelevance to treatment. The defendant's ability to cross-examine on the complainant's drug use at the time of the incident was not precluded.

Criminal LawAssault Second DegreeCriminal Possession of a WeaponJustification DefenseSelf-DefenseWeight of EvidenceCredibility DeterminationMedical Records RedactionHearsay RuleCross-Examination
References
2
Case No. 02-24-00352-CV
Regular Panel Decision
Nov 27, 2024

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

Appellant Mother and Appellant Father appealed the termination of their parental rights to K.T. Mother had a history of illegal drug use during pregnancy, resulting in K.T. testing positive for drugs at birth and requiring morphine for withdrawal. Father had a criminal history involving methamphetamine possession and was incarcerated when K.T. was born. The Department of Family and Protective Services was appointed K.T.'s managing conservator and planned for his adoption. The appellate court affirmed the trial court's judgment, finding Mother's appeal frivolous based on an Anders brief, and dismissing Father's due process complaint regarding the denial of an extension due to his incarceration as unpreserved and without merit.

Parental Rights TerminationChild WelfareDrug AbuseDue ProcessAppellate ReviewFamily LawTexasIncarcerationDrug TestingBest Interest of Child
References
22
Case No. 11-09-00337-CV
Regular Panel Decision
Jan 20, 2011

In Re DO

This case involves the appeal of M.O.W. and C.D.O. from a trial court's order terminating their parental rights to their three children: D.O., S.O., and M.L.O. The Texas Department of Family and Protective Services (The Department) initiated the termination suit after M.O.W. was arrested for methamphetamine possession and the children were removed from her care. A jury found by clear and convincing evidence that termination was in the children's best interest and that M.O.W. and C.D.O. had endangered their children's well-being and failed to comply with court orders. The Court of Appeals of Texas, Eastland, affirmed the trial court's decision, finding legally and factually sufficient evidence to support the jury's findings regarding parental conduct endangering the children's physical and emotional well-being, extensive drug abuse, and related criminal activities. The court also addressed and overruled M.O.W.'s evidentiary and jury charge issues.

Parental Rights TerminationChild EndangermentDrug AbuseMethamphetamine PossessionFoster Care PlacementSufficiency of EvidenceBest Interest of ChildFamily Law AppealAbuse of DiscretionJury Instruction
References
31
Case No. MISSING
Regular Panel Decision

United States v. Coello

Stefan Coello, who previously pled guilty to selling counterfeit social security and alien registration cards, was found in possession of counterfeit laminates resembling INS I-688 Temporary Resident cards. The Government moved for a pre-sentence ruling to classify these laminates as "identification documents" under 18 U.S.C. § 1028. The Court, presided over by District Judge BATTS, ruled that while the laminates themselves are not complete identification documents, their possession constitutes an attempt to possess false identification documents, possession of document-making implements, and an "attempt to produce identification documents". Therefore, the Government's motion was granted in part and denied in part.

Counterfeit DocumentsIdentity Theft18 U.S.C. § 1028Document-Making ImplementAttempted PossessionAttempted ProductionImmigration DocumentsINSFederal CrimeSentencing Guidelines
References
6
Case No. 2025 NY Slip Op 00155 [234 AD3d 481]
Regular Panel Decision
Jan 09, 2025

Gelles v. Sauvage

Plaintiff Amy Gelles initiated an action to quiet title against defendant Pierre P. Sauvage, asserting adverse possession of a section of Sauvage's property containing a stone garage. Gelles argued she gained title through more than 10 years of continuous, hostile, actual, open, notorious, and exclusive possession since 1997. The Appellate Division affirmed the Supreme Court's decision granting partial summary judgment to Gelles. The court determined that Gelles presented clear and convincing evidence satisfying all adverse possession elements, including former RPAPL 522's requirements for substantial enclosure and improvement, and that Sauvage failed to counter the presumptions of hostile and exclusive possession.

Adverse PossessionQuiet TitleProperty LawReal PropertyRPAPL 501Hostile PossessionExclusive PossessionContinuous PossessionSummary JudgmentEncroachment
References
5
Showing 1-10 of 600 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational