Prosecutors in Texas have the incentive to pursue the most serious charges and convictions that they can justify, as their reputations may depend on the number of serious crimes that they have prosecuted. Because of this, prosecutors are often known to overcharge defendants; pursuing charges for crimes that a defendant could not reasonably have committed….
A recent Texas Supreme Court case reviewed the termination of a father’s parental rights based in large part on his illegal drug use. The trial court found sufficient evidence to terminate the father’s parental rights, but the appeals court disagreed. The Texas Supreme Court reversed the appeals court decision based on the evidence required to…
In a recent case, the Texas Supreme Court heard a case involving the termination of a mother’s parental rights. The trial court found sufficient evidence to terminate her rights, but the appeals court reversed. Ultimately, the high court reversed the appeal court’s ruling, finding sufficient circumstantial evidence and crediting a nurse’s testimony, which the court of appeals…
The amount of child support a parent must pay can depend on a number of factors. A parent’s current income and assets are relevant to their child support obligations, but courts may also consider the child’s age and needs if they justify a departure from typical child support guidelines. A court also may order retroactive…
Facing criminal charges can be overwhelming, especially when the aftermath involves not just legal consequences but also financial burdens. Texas criminal courts are allowed to issue restitution orders to victims of criminal cases, and the payments must be made as part of a defendant’s criminal case. Criminal restitution can exist in addition to civil liability…
Texas criminal law has developed in a way that seek clarity and justice in protecting the rights of victims of sexual assault. Those accused of sexual assault may also face a stigma because of the type of allegations, and sexual assault cases often come down to he-said-she-said credibility issues that make it essential for jurors…
In a recent custody case before the Texas Supreme Court, the mother appealed a trial court’s decision to terminate her parental rights, asking the court to reconsider this ruling. The appellate court originally declined to issue an order on the mother’s appeal, deciding she failed to follow an important procedural step when she filed her appeal. Later,…
In a recent case before an appellate court in Texas, the mother appealed a trial court’s ruling terminating her parental rights to three children. On appeal, the mother argued that the evidence presented during trial was insufficient to find that she was unable to parent her children. The higher court reviewed the evidence, considered the mother’s argument, and ultimately…
In a November 2023 case before an appeals court in Texas, the defendant asked for a review of the trial court’s decision to deny his motion to suppress evidence. Reviewing the defendant’s appeal, the higher court ultimately disagreed with his argument and affirmed the original verdict. The court’s opinion highlights the difficulty of suppressing incriminating evidence when…
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