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

Case No. 04-06-00372-CV
Regular Panel Decision
Jun 13, 2007

Avelardo Miranda v. Maria T. Miranda

Avelardo and Maria Miranda divorced in 1974. In 1978, Maria obtained a default judgment in Texas for a division of military retirement benefits and child support from Avelardo. In 2006, Maria filed a motion to change the method of payment of Avelardo's military retirement benefits, which the trial court granted, holding it had the power to modify the 1978 order nunc pro tunc. On appeal, Avelardo contended the trial court lacked plenary power and improperly modified the judgment. The appellate court concluded that the trial court's modification was a judicial error, not a clerical one, and that the trial court lacked jurisdiction to revise the 1978 judgment after its plenary power expired. Therefore, the judgment of the trial court was reversed and rendered in favor of Avelardo Miranda.

Divorce LawMilitary Retirement BenefitsChild Support OrderNunc Pro Tunc JudgmentClerical ErrorJudicial ErrorPlenary PowerJurisdictionDefault JudgmentModification of Judgment
References
5
Case No. 01-10-01022-CV
Regular Panel Decision
Oct 25, 2012

Jesus Miranda v. Stephen Byles

This dissenting opinion addresses a defamation suit where Jesus Miranda was found liable for statements regarding alleged child sexual abuse by Stephen Byles. Miranda, the great-uncle of the alleged victim (L.S.), had urged an investigation into Byles's actions. The trial court denied Miranda immunity under Texas Family Code section 261.106 and awarded Byles $75,000. Justice Keyes dissents from the majority's decision to affirm, arguing that Miranda's statements were protected by statutory immunity for reporting child abuse, made in good faith during an ongoing investigation. She contends that the trial court's immunity finding was erroneous and proposes that the case should be dismissed for lack of jurisdiction or reversed on the merits, as Byles failed to prove the statements were false statements of fact or made with malice.

DefamationChild AbuseImmunityFamily LawTexas LawAppellate ProcedureJurisdictional ErrorDissenting OpinionSexual Abuse AllegationsReporting Child Abuse
References
34
Case No. 04-08-00311-CV
Regular Panel Decision
May 06, 2009

FIRE AND CAS. INS. CO. OF CONN. v. Miranda

Javier Miranda, an appellee, was diagnosed with Hepatitis C after two minor work-related injuries and claimed it as an occupational disease. The Texas Worker's Compensation Commission (TWCC) and the trial court found that Fire & Casualty Insurance Company of Connecticut, the appellant, waived its right to contest compensability by failing to dispute the claim within the statutory period, based on previous case law. The Court of Appeals, however, noted that the relied-upon precedent, *Continental Cas. Co. v. Downs*, was overruled by *Southwestern Bell Tel. Co., L.P. v. Mitchell*. Crucially, the court distinguished between accidental injuries and occupational diseases regarding notice requirements. It ruled that Fire & Casualty's waiver for the initial laceration claim did not extend to the occupational disease claim, for which it had timely disputed after receiving notice of the Hepatitis C diagnosis. Consequently, the court reversed the trial court's judgment and rendered a take-nothing judgment in favor of Fire & Casualty, also dismissing Miranda's untimely cross-appeal for judicial review.

Workers' CompensationOccupational DiseaseHepatitis CWaiver of CompensabilityStatutory DeadlinesTexas Labor CodeAppellate ReviewInjury ClaimNotice RequirementJudicial Review Timeliness
References
10
Case No. MISSING
Regular Panel Decision

In re Stanley C.

This case involves a juvenile respondent in Division For Youth (DFY) custody who absconded and subsequently surrendered. The respondent was questioned by his DFY counselor, David Pankratz, without Miranda warnings, leading to incriminating statements regarding burglary and grand larceny. Later, Monroe County Deputy Sheriff Joseph Bender also questioned the respondent, after Miranda warnings, resulting in another incriminating statement. The court ruled that Pankratz was engaged in law enforcement activity, thus his failure to provide Miranda warnings rendered the first statement inadmissible. The second statement to Deputy Bender was also suppressed as it was tainted by the initial inadmissible statement and because the respondent's parents or guardians were not notified or present during the interrogation. The motion to suppress both statements was granted due to the lack of 'special considerations of care' required for juvenile interrogations.

Miranda warningsjuvenile rightscustodial interrogationself-incriminationdue processsuppression of evidenceDivision For YouthFamily Courtcriminal procedurepolice interrogation
References
31
Case No. MISSING
Regular Panel Decision

People v. Turkenich

Igor Turkenich was convicted of manslaughter after making inculpatory statements to police without Miranda warnings while confined in a psychiatric hospital. The statements concerned the death of his mother, Zinaida Turkenich, who died from a skull fracture and contusions. The defendant, a recent Russian immigrant with diminished mental capacity and unable to speak English, was interrogated by detectives at Metropolitan Hospital. Despite the detectives' initial intent to give Miranda warnings, a doctor advised against it due to the defendant's mental state. The trial court initially suppressed the statements but later reversed its ruling. On appeal, the court determined that the interrogation was custodial due to the defendant's involuntary confinement, mental condition, and lack of English proficiency, making the statements inadmissible without prior Miranda warnings. The judgment of conviction was reversed, the suppression motion granted, and a new trial ordered.

Miranda RightsCustodial InterrogationSuppression MotionManslaughter First DegreeMental CapacityInvoluntary ConfessionDue ProcessPsychiatric ConfinementInterpreter IssuesVoluntariness of Statements
References
16
Case No. 03-07-00315-CV
Regular Panel Decision
Nov 06, 2009

Emilio Zamora, Individually, and Angela Valenzuela, Individually and as Next Friends of Luz Zamora v. Mark Kazanoff, Jamy Kazanoff, and Ruby Miranda, Individually and Jointly and as Next Friends of Aaron Kazanoff, a Minor

Luz Zamora, an eight-year-old, was injured while playing with Aaron Kazanoff, a six-year-old, using a bungee cord which snapped and struck her eye, causing partial permanent vision loss. Her parents, Emilio Zamora and Angela Valenzuela, sued Aaron, his parents, and his babysitter, Ruby Miranda, alleging various theories of negligence. The district court granted summary judgment for appellees on some claims and a jury found in their favor on the remaining claims. The Court of Appeals affirmed the district court's judgment, holding that a six-year-old child could not foresee the danger of the bungee cord, thus Aaron owed no legal duty. The court also found no duty owed by Ms. Miranda to Luz and upheld the jury instructions and parental liability decisions due to waiver or lack of legal support.

NegligenceChild InjuryForeseeabilityParental LiabilityDuty of CareSummary JudgmentDirected VerdictJury InstructionsAppellate ReviewMinor's Negligence
References
25
Case No. 2016 NY Slip Op 02285 [137 AD3d 663]
Regular Panel Decision
Mar 29, 2016

People v. Cornelius

Emma Cornelius was convicted of manslaughter in the first degree and appealed the denial of her motion to suppress statements made to police. The Appellate Division affirmed the judgment, finding that pre-Miranda statements were not the product of custodial interrogation because a reasonable innocent person would not have believed they were in custody. The court also concluded that defendant received full and effective Miranda warnings and knowingly and voluntarily waived her rights, despite her refusal to sign the Miranda sheet and police deception about the victim's status. The court determined that the police statements did not undermine the Miranda warnings, and the deception about the victim did not deny due process or induce a false confession. Finally, the verdict was found not to be against the weight of the evidence.

Criminal LawManslaughter First DegreeSuppression MotionMiranda Rights WaiverCustodial InterrogationVoluntariness of StatementsAppellate ReviewWeight of EvidencePolice DeceptionDue Process
References
9
Case No. MISSING
Regular Panel Decision

In re Miranda UU.

This case concerns an appeal from a Family Court order in Tioga County which dismissed a petition to declare Miranda UU., a child, abused by her stepfather (the respondent). Miranda alleged sexual abuse by the respondent, stating he digitally penetrated her and exposed himself. The case was complicated by Miranda having been previously sexually molested by her half-brother. During the initial hearing, Miranda's statements were presented through her mother, a caseworker, and a therapist, supported by validation evidence. The respondent denied the allegations, and his stepdaughter contradicted Miranda's claim of observing other abuse. Two clinical psychologists also testified against the abuse claims. The Family Court found that the petitioner failed to establish abuse by a fair preponderance of the evidence, citing a lack of physical evidence, the impact of prior abuse on behavioral symptoms, doubts about Miranda's credibility, and conflicting expert opinions. The appellate court affirmed the Family Court's decision, emphasizing that the lower court's credibility determinations and weighing of evidence were entitled to deference.

Child AbuseSexual AbuseFamily Court Act Article 10Credibility AssessmentAppellate ReviewEvidentiary StandardsPreponderance of EvidenceMedical Examination FindingsExpert Witness TestimonyValidation Evidence
References
2
Case No. 2024 NY Slip Op 04313 [230 AD3d 755]
Regular Panel Decision
Aug 28, 2024

Miranda v. 1320 Entertainment, Inc.

This case involves Nikki Miranda's personal injury claim against 1320 Entertainment, Inc., stemming from an incident in November 2019 during her employment where she was struck by lumber. The plaintiff alleged negligence and violations of Labor Law sections 200, 240(1), and 241(6) against the defendant as the property owner. The defendant, an out-of-possession landlord, moved for summary judgment arguing no duty of care. The Supreme Court denied the motion, but the Appellate Division, Second Department, reversed the order. The Appellate Division granted summary judgment for the defendant, finding it had relinquished control and the cited Labor Law sections were inapplicable to the plaintiff's work.

Landlord LiabilityOut-of-Possession LandlordSummary JudgmentLabor LawPersonal InjuryPremises LiabilityDangerous ConditionWorkplace AccidentAppellate ReviewDuty of Care
References
16
Case No. MISSING
Regular Panel Decision

People v. Alaire

This case concerns an appeal of a criminal conviction where the defendant, a 16-year-old with schizophrenia, challenged the admissibility of statements made during police interrogation. The appellate court found that initial incriminating statements made prior to Miranda warnings should be suppressed because the defendant was in custodial interrogation, and his youth and mental state contributed to a coercive environment. However, a subsequent spontaneous statement made to his social worker, overheard by police after Miranda warnings, was deemed admissible as it was not coerced by police action. The judgment was partially reversed, with pre-Miranda statements suppressed and a new trial ordered, while the denial of suppression for the spontaneous statement was affirmed.

Miranda WarningsCustodial InterrogationSuppression of StatementsJuvenile RightsMentally Impaired DefendantVoluntary StatementsSocial Worker PrivilegeCriminal Procedure LawNew TrialDue Process
References
38
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