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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
Apr 28, 2008

People v. Beauharnois

This case is an appeal from a judgment convicting the defendant of sexual abuse, course of sexual conduct, predatory sexual assault, predatory sexual assault against a child, and endangering the welfare of a child. The conviction stemmed from a victim's testimony detailing years of sexual abuse by the defendant, corroborated by a pediatrician's expert medical testimony. On appeal, the defendant challenged the verdict's weight of evidence and argued that the course of sexual conduct conviction was a lesser included offense of predatory sexual assault. The appellate court affirmed the jury's credibility findings and the medical evidence. It modified the judgment by dismissing the conviction for course of sexual conduct as a lesser included offense, but upheld the conviction for endangering the welfare of a child and the sentences imposed.

Sexual abusePredatory sexual assaultChild endangermentLesser included offenseAppellate reviewVictim credibilityExpert medical testimonyCriminal convictionSentencingJudicial discretion
References
24
Case No. 14-01-01143-CR and 14-01-01144-CR (Trial Court Cause Nos. 862,982 and 827,178)
Regular Panel Decision
Jan 09, 2003

Edwards, Michael Jerome v. State

Appellant Michael Jerome Edwards was convicted of improper sexual activity with a person in custody and sexual assault. He was sentenced to two years for the first offense and ten years for sexual assault. The offenses occurred during a transport from Corpus Christi to Houston, where Edwards, a transportation agent, sexually assaulted the complainant. On appeal, Edwards challenged the sufficiency of evidence regarding venue in Harris County and his employee status with the Harris County Jail, as well as the use of force in the sexual assault. The court affirmed the trial court's judgment, finding sufficient evidence for all points and overruling the appellant's points of error.

Sexual AssaultImproper Sexual ActivityPerson in CustodyVenue DisputeEmployee StatusAgency LawPhysical ForceThreatened ForceJury ArgumentAppellate Review
References
32
Case No. MISSING
Regular Panel Decision
Aug 17, 2017

In re Harris

The State filed a civil petition to commit Bobby Lee Harris for involuntary treatment and supervision as a sexually violent predator under the Texas Civil Commitment of Sexually Violent Predators Act. The jury found Harris to be a sexually violent predator, leading to a civil commitment order. Harris appealed, challenging the legal and factual sufficiency of the evidence that his future acts would be predatory, and the trial court's partial directed verdict on his repeat sexually violent offender status. The appellate court affirmed the judgment, concluding that the evidence was sufficient to support the jury's finding of a behavioral abnormality predisposing him to sexually violent offenses, and that a partial directed verdict on the repeat sexually violent offender element was permissible when no fact issue exists.

Sexually Violent Predator ActCivil CommitmentBehavioral AbnormalityPredatory ActRepeat Sexually Violent OffenderLegal Sufficiency of EvidenceFactual Sufficiency of EvidenceDirected VerdictPedophiliaAntisocial Personality Disorder
References
29
Case No. 03-11-00602-CV
Regular Panel Decision
Aug 30, 2012

Texas Department of Public Safety v. Anonymous Adult Texas Resident

The Texas Department of Public Safety (DPS) appealed a trial court judgment that reversed DPS's determination requiring an anonymous Texas resident to register as a sex offender under the Texas Sex Offender Registration Act (SORA). The appellee had been convicted in Massachusetts in 1993 for "indecent assault and battery on a person over fourteen years of age." DPS contended that the elements of the Massachusetts offense were "substantially similar" to Texas's sexual assault or indecency with a child, thus mandating registration. The appellate court affirmed the district court's decision, concluding that the elements of the Massachusetts crime are not "substantially similar" to the Texas offenses, citing significant differences in the nature of sexual conduct, protected interests, seriousness, and potential punishments. The court also addressed the exclusion of a police report by the trial court.

Sex Offender Registration Act (SORA)Substantially Similar ElementsMassachusetts LawTexas Penal CodeSexual AssaultIndecent Assault and BatteryCriminal AttemptStatutory InterpretationAppellate ReviewTrial Court Judgment
References
20
Case No. MISSING
Regular Panel Decision

People v. Pierce

The defendant was convicted of multiple sexual offenses, including sodomy and aggravated sexual abuse, against two minor victims in Broome County. The conviction was based on incidents occurring on June 28, 1997. Defendant appealed the County Court's decision allowing one victim to testify via two-way closed-circuit television due to being a vulnerable witness, a decision affirmed by the appellate court due to factors like the heinous nature of the crime and defendant's position of authority. Defendant's appeals regarding the sufficiency of evidence for physical injury in the aggravated sexual abuse charge and allegations of prosecutorial misconduct were also rejected. However, the appellate court modified the sentence, directing that the sentences for aggravated sexual abuse in the first and third degrees run concurrently rather than consecutively, as they arose from the same conduct.

Sodomy First DegreeSodomy Second DegreeAggravated Sexual Abuse First DegreeAggravated Sexual Abuse Third DegreeSexual Abuse Second DegreeVulnerable WitnessClosed-Circuit Television TestimonyProsecutorial MisconductPhysical InjuryConcurrent Sentences
References
9
Case No. 2024 NY Slip Op 03392
Regular Panel Decision
Jun 20, 2024

Matter of State of New York v. Anthony R.

This case concerns the appeal of an order civilly committing Anthony R. as a dangerous sex offender under Mental Hygiene Law article 10. Anthony R. had a history of sex offenses and prior confinement, followed by release under strict and intensive supervision and treatment (SIST). After a period of compliance, he violated SIST conditions due to changes in his medication and treatment. The Supreme Court ordered his recommitment based on these violations, including substance abuse and aggressive non-sexual behavior. The Appellate Division reversed this decision, holding that the State failed to demonstrate by clear and convincing evidence that Anthony R. is *presently unable* to control his sexual conduct. The court found no persuasive link between his non-sexual SIST violations and an inability to control sexual behavior. The case was remanded for a new commitment order, clarifying that Anthony R. requires continued strict and intensive supervision, but not confinement.

Mental Hygiene LawSex OffenderCivil CommitmentSISTMental AbnormalityDangerousness AssessmentControl BehaviorAppellate DivisionReversalRemand
References
6
Case No. MISSING
Regular Panel Decision

Sharp v. City of Houston

Plaintiff Patrice Sharp, an officer with the Houston Police Department, filed claims of sexual discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and for "pervasive departmental misconduct" under 42 U.S.C. § 1983 against the City of Houston and several individuals. Sharp alleged frequent sexual harassment by her supervisors, Bice and Hankins, including offensive jokes, lewd comments, and inappropriate physical contact, which was corroborated by other officers. She also claimed retaliation after reporting the harassment, experiencing ostracism, sabotage of equipment, and lack of assistance. The court granted summary judgment on Sharp's Title VII retaliation claim and her Fourteenth Amendment § 1983 claim against the City, finding the alleged retaliatory actions did not constitute "ultimate employment decisions" under Title VII and that there was no policy or custom of sexual harassment for the §1983 claim. However, summary judgment was denied for Sharp's Title VII sexual harassment claim and her First Amendment § 1983 retaliation claim, citing existing fact issues regarding the pervasive nature of harassment and whether the alleged campaign of reprisal was severe enough to violate her First Amendment rights.

Sexual HarassmentRetaliationTitle VII42 U.S.C. § 1983Hostile Work EnvironmentEqual ProtectionFirst AmendmentPolice MisconductMunicipal LiabilitySummary Judgment
References
100
Case No. MISSING
Regular Panel Decision
Jul 31, 1996

In re Keisha McL.

This case involves an order of disposition from the Family Court, Bronx County, entered on July 31, 1996. The order placed the subject children with the Commissioner for the Administration of Children’s Services for 12 months and directed their foster care agency to commence a termination of parental rights proceeding. This action was taken based on a fact-finding determination that the respondent had sexually abused two of the children. The children's out-of-court statements regarding the abuse were cross-corroborated by each other and further supported by consistent repetitions to their foster mother, a psychologist, and a social worker. Expert testimony confirmed the children's knowledge of sexual acts and symptomatic behavioral changes. The court inferred that the touching was for sexual gratification due to the absence of an innocent explanation. The order was unanimously affirmed.

Child Sexual AbuseFamily CourtTermination of Parental RightsChild WelfareExpert TestimonyCorroborated StatementsChild Protection ServicesDispositional OrderSexual Gratification InferenceBehavioral Changes
References
4
Case No. MISSING
Regular Panel Decision
Mar 31, 2009

In re Selena R.

The Family Court of Bronx County issued an order of disposition finding a father guilty of sexually abusing his son, Tyler T., derivatively abusing Selena R., and neglecting both children. The court released the children to the mother's custody under strict supervision and restricted the father's contact with them. The appellate court modified the order, vacating the finding of neglect due to excessive corporal punishment, but affirmed the remaining aspects of the decision. The sexual abuse finding was corroborated by a social worker's testimony detailing the children's symptomatic behavior, including age-inappropriate sexual knowledge. However, the claim of excessive corporal punishment was not supported by a preponderance of the evidence.

sexual abusechild neglectderivative abusecorporal punishmentfamily court lawappellate procedureevidence sufficiencysocial worker testimonychild welfareparental rights
References
3
Case No. 02-18-00019-CV
Regular Panel Decision
Feb 28, 2019

in Re: The Commitment of Gregory A. Jones

Gregory A. Jones appealed the trial court's order committing him as a sexually violent predator. Psychologists Jason Dunham and Sheri Gaines evaluated Jones, testifying to his behavioral abnormality and likelihood to commit sexually violent offenses based on his criminal history, risk factors, and test results. The jury found Jones to be a sexually violent predator. The Court of Appeals found the evidence legally sufficient but reversed and remanded the case for a new trial. The reversal was due to the trial court's error in denying Jones's request for a jury instruction allowing a non-unanimous (10-2) verdict for a 'no' finding, which is permissible under civil procedure rules for non-affirmative determinations.

Sexually Violent PredatorCivil CommitmentJury InstructionLegal SufficiencyBehavioral AbnormalityRisk AssessmentRecidivismExpert TestimonyForensic PsychologyCriminal History
References
30
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