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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

Wilcoxson v. State

Bobby R. Wilcoxson, convicted of first-degree murder in 1986, appealed the denial of his post-conviction relief from conviction after his death sentence was reversed due to ineffective assistance of counsel. The core of his appeal alleged ineffective assistance of counsel during the guilt/innocence phase, primarily for failing to investigate his mental competency and the feasibility of an insanity or diminished capacity defense. Evidence presented included his extensive history of mental illness diagnoses (schizophrenia, bipolar disorder) and disruptive prison behavior, but his trial attorneys argued he was competent and actively involved in his defense. The appellate court affirmed the post-conviction court's judgment, finding counsel deficient for not requesting a psychological examination given the evidence, but ultimately concluded Wilcoxson failed to prove he was actually incompetent or prejudiced by counsel's decisions.

Ineffective Assistance of CounselPost-Conviction ReliefMental CompetencyInsanity DefenseDiminished CapacityPsychiatric EvaluationAppellate ReviewFirst Degree MurderDeath Sentence ReversalProcedural Due Process
References
116
Case No. DC-13-04564-L
Regular Panel Decision
Apr 16, 2015

in Re: Island Hospitality Management, Inc., Post Properties, Inc. and Post Addison Circle Limited Partnership

Plaintiff Jane Doe filed a lawsuit alleging sexual assault and related damages, including mental anguish. Her designated psychologist, Dr. William Flynn, conducted a mental examination. Defendants Island Hospitality Management, Inc., Post Properties, Inc., and Post Addison Circle Limited Partnership sought an independent psychological examination of the plaintiff by their expert, Dr. Lisa Clayton. The district court initially denied this motion, and subsequently denied the defendants' joint motion for reconsideration. This mandamus record documents the appellate review of this discovery dispute.

Sexual AssaultMental AnguishPsychological ExaminationDiscovery DisputeForensic PsychologyPremises LiabilityMandamus PetitionCivil ProcedureExpert WitnessTexas Law
References
59
Case No. MISSING
Regular Panel Decision

United States v. Post

The case involves defendants Constance G. Post and Wayne Charles, convicted of mail fraud, honest services fraud, and conspiracy, who challenged their convictions post-trial following the Supreme Court's Skilling decision. Post, a Mount Vernon city official, engaged in undisclosed self-dealing to benefit Charles through various schemes involving city contracts and HUD funds. The court found that erroneous jury instructions on honest services fraud, which did not limit it to bribes or kickbacks, constituted a Skilling error. Given the intertwined presentation of valid pecuniary fraud and invalid honest services fraud theories, the court could not guarantee the jury's verdict was solely based on a permissible theory. Consequently, the motion to dismiss the mail fraud and conspiracy counts is granted, while Charles's false statements conviction remains due to a lack of prejudicial spillover.

Mail fraudHonest services fraudConspiracyPublic corruptionUndisclosed self-dealingSkilling v. United StatesJury instructionsHarmless error reviewFederal criminal lawPost-conviction motion
References
59
Case No. MISSING
Regular Panel Decision

Hansen v. Post

The petitioner, a child protective worker, sought custody of Christopher Post, whose parents, Rose and William Post, had a documented history of child abuse and neglect, leading to the removal of seven other children from their care. Christopher had also been involved in two prior neglect proceedings. The parents exhibited severe deficiencies in parenting skills, an inability to address Christopher's emotional disturbances, and a history of rejecting assistance. After voluntarily placing Christopher with the petitioner, who became his psychological parent, they abruptly cut off contact. The Family Court found extraordinary circumstances, justified judicial intervention, and granted custody to the petitioner, a decision which the appellate court subsequently affirmed.

Custody DisputeParental UnfitnessChild NeglectExtraordinary CircumstancesFamily Court Act Article 6Child Protective ServicesAppealParental RightsPsychological ParentEmotional Disturbance
References
5
Case No. M2001-02907-CCA-R3-PC
Regular Panel Decision
Jun 24, 2003

David Lynn McClure v. State of Tennessee

David Lynn McClure was convicted of aggravated sexual battery, rape of a child, and attempted rape of a child, receiving a 30-year sentence. His convictions and sentence were affirmed on direct appeal. McClure filed a pro se petition for post-conviction relief, alleging ineffective assistance of counsel, which was denied by the post-conviction court. He appealed this denial, arguing the post-conviction court erred in finding he received effective assistance. The Court of Criminal Appeals of Tennessee affirmed the lower court's judgment, concluding McClure failed to demonstrate that the evidence preponderated against the post-conviction court's findings.

Post-Conviction ReliefIneffective Assistance of CounselAggravated Sexual BatteryRape of a ChildAttempted Rape of a ChildCriminal AppealSufficiency of EvidenceTrial StrategyCross-ExaminationExpert Witness Testimony
References
7
Case No. 04-15-00433-CV
Regular Panel Decision
Sep 17, 2015

Texas Commission on Environmental Quality & Post Oak Clean Green, Inc. v. Guadalupe County Groundwater Conservation District

This is an opening brief from the Texas Commission on Environmental Quality (TCEQ) and Post Oak Clean Green, Inc. (Post Oak), appealing the denial of their plea to the jurisdiction by the 2nd 25th Judicial District Court, Guadalupe County. The case concerns the Guadalupe County Groundwater Conservation District's (the District) suit seeking a declaration that Post Oak's proposed landfill violates District Rule 8.1, even though Post Oak's permit application is still under review by the TCEQ. Appellants argue that the District's claim is not ripe, is impermissibly redundant of judicial review remedies, and that the District lacks standing due to a non-redressable injury. They contend that the TCEQ has exclusive or primary jurisdiction over landfill permitting and that District rules cannot supersede a TCEQ permit. The brief requests reversal of the trial court's order and dismissal of the District's suit.

Environmental LawLandfill PermittingGroundwater ConservationJurisdiction DisputeAdministrative LawDeclaratory Judgment ActRipeness DoctrineStanding (Law)Exclusive JurisdictionPrimary Jurisdiction
References
195
Case No. W2005-00426-CCA-R3-PD
Regular Panel Decision
Oct 10, 2006

Farris Genner Morris, Jr. v. State of Tennessee

Farris Genner Morris, Jr. appealed the Madison County Circuit Court's denial of his petition for post-conviction relief. He was previously convicted of two counts of premeditated first-degree murder and one count of aggravated rape, receiving a death sentence for one murder. His convictions and sentences were affirmed on direct appeal by the Tennessee Supreme Court. In his post-conviction petition, Morris raised claims concerning the denial of a fair evidentiary hearing, a fair sentencing hearing, ineffective assistance of counsel, and the constitutionality of the imposition of a sentence of death. The post-conviction court denied relief, finding that Morris failed to prove constitutional violations or ineffective assistance. The appellate court affirmed the judgment of the post-conviction court.

Post-conviction reliefDeath penalty appealIneffective assistance of counselPremeditated first-degree murderAggravated rapeCocaine intoxicationBipolar disorderMental condition defenseShacklingJury selection
References
92
Case No. M1999-00516-CCA-R3-PD
Regular Panel Decision
Oct 20, 2000

Henry Eugene Hodges v. State

The appellant, Henry Eugene Hodges, appealed the Davidson County Criminal Court's denial of his petition for post-conviction relief from his 1992 first-degree murder conviction and death sentence. The appeal raised issues concerning the effectiveness of trial counsel, the post-conviction court's failure to provide funds for expert services, and the denial of a continuance. The court concluded that the appellant was not denied effective assistance of counsel, the denial of funds for additional expert services was proper, and the denial of a continuance for the evidentiary hearing was appropriate. Consequently, the court affirmed the post-conviction court's finding that the appellant is not entitled to post-conviction relief.

Post-conviction reliefIneffective assistance of counselDeath penaltyCapital murderGuilty pleaLigature strangulationMedical expert testimonyMitigation evidenceExpert services fundingAppellate procedure
References
86
Case No. MISSING
Regular Panel Decision
Oct 19, 1999

Owens v. State

Gaile K. Owens appealed the denial of her petition for post-conviction relief by the Criminal Court of Shelby County. Owens was convicted in 1986 as an accessory before the fact to first-degree murder, alongside co-defendant Sidney Porterfield, and both were sentenced to death. Her direct appeal was affirmed by the Tennessee Supreme Court. In her post-conviction petition, Owens raised issues including ineffective assistance of counsel, the recusal of the post-conviction judge, alleged Brady violations, vicarious application of aggravating circumstances, constitutionality of the remuneration aggravator, reasonable doubt jury instructions, and the constitutionality of the death penalty statute. The court reviewed these claims, affirming the judgment of the post-conviction court. The court notably affirmed the vicarious application of the "heinous, atrocious, or cruel" aggravating circumstance and upheld the constitutionality of the death penalty statute against various challenges.

Capital PunishmentPost-Conviction ReliefIneffective Assistance of CounselAggravating CircumstancesVicarious LiabilityDeath PenaltyFelony MurderConstitutional LawCriminal ProcedureJudicial Recusal
References
75
Case No. W2009-01068-CCA-R3-PD
Regular Panel Decision
Feb 22, 2012

Gerald Lee Powers v. State of Tennessee

The petitioner, Gerald Lee Powers, appeals the judgment of the Shelby County Criminal Court denying his petition for post-conviction relief. Powers was convicted of first degree felony murder and aggravated robbery in 1998, and his convictions and death sentence were affirmed by the Tennessee Supreme Court in 2003. In this appeal, the petitioner raised multiple issues, including claims of ineffective assistance of trial counsel regarding jury selection, voir dire, excessive caseloads, investigation of evidence, expert witnesses, and presentation of other suspects. He also challenged jury instructions, alleged state misconduct regarding evidence, and argued against the applicability of a specific Tennessee Code Annotated section. The Court of Criminal Appeals of Tennessee meticulously reviewed each claim, concurring with the post-conviction court's findings that all allegations were without merit and affirming the denial of the petition for post-conviction relief.

post-convictionfelony murderaggravated robberyineffective assistance of counseldeath penaltyjury selectionvoir diremitigationaggravating circumstancestrial errors
References
23
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