OPINION ALERTS
Challenge to franchise tax dismissed for want of jurisdiction; petitioners did not satisfy statutory prerequisites for taxpayer suit
On Petition for Writ of Mandamus
Petitioners sought a declaration that the Texas franchise tax was unconstitutional, an injunction prohibiting its collection, and mandamus relief compelling the Comptroller to refund the taxes they paid from 2008 through 2011. Petitioners did not pay their taxes under protest or request a…
No abuse of discretion in admitting evidence from MySpace pages that state believed were created by appellant; state produced a prima facie showing that it was appellant, not some unidentified conspirators or fraud artists, who created pages
ON APPELLANT 'S PETITION FOR DISCRETIONARY REVIEW FROM THE FIFTH COURT OF APPEALS DALLAS COUNTY
The appellant was convicted of murder. He pled true to one enhancement count, and the jury assessed punishment at thirty-five years' imprisonment. The appellate court affirmed the appellant's conviction, holding that the trial court…
Officer’s questions reasonably related to a legitimate administrative concern; Miranda booking-question exception applicable
ON APPELLANT 'S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS TARRANT COUNTY
Appellant challenged the court of appeal’s holding that the trial court properly admitted appellant’s un-Mirandized custodial statements made in response to “questioning attendant to an administrative ‘booking’ procedure.” The Texas Court of Criminal Appeals, after…
Appellant's failure to comply with the Rules of Appellate Procedure resulted in waiver of issues; appellant failed to establish her waiver of suit was not knowing or voluntary; award of attorney's fees not error
On Appeal from the 298th Judicial District Court Dallas County
The instant case arose out of the breach of a separation agreement entered into between the appellant and the appellee following the termination of the appellant's employment with the appellee. The trial court granted summary judgment in favor of…
Appellant lacked sufficient minimum contacts with Texas to support the trial court's exercise of personal jurisdiction over the appellant and denial of special appearance was erroneous
On Appeal from the 193rd District Court Dallas County
The appellant hired the appellee, an architectural firm based in the county, to provide architectural services for the appellant's restaurants in Kansas. The parties' contract was oral, and the parties communicated by telephone and email. The appellee's employees performed the…
Order failed to comply with Tex. Fam. Code Ann. section 157.166(b), thus, the punitive portion of the order was void
ORIGINAL PROCEEDING WRIT OF HABEAS CORPUS 245th District Court Harris County
The relator filed a petition for writ of habeas corpus challenging the validity of his commitment to jail following a hearing on a motion for enforcement of child support. The instant court ordered the relator released upon the…
Petitioner could not attack collaterally what he declined to challenge directly, thus, his nonsuit of appeal of the administrative nuisance determination barred his claim
On Petition for Review from the Court of Appeals for the Second District of Texas
The petititoner owned twenty buildings in the respondent city. The respondent notified the petitioner that it intended to demolish fifteen of his buildings because they were substandard. After a hearing, the City Council adopted…
Because petitioner had a workers’ compensation policy, decedent was an employee, he suffered a work-related injury, and the jury failed to find petitioner grossly negligent, the Texas Workers’ Compensation Act provided that the exclusive remedy
On Petition for Review from the Court of Appeals for the Thirteenth District of Texas
The decedent suffered a fatal, work-related injury while working for two employers that both had workers’ compensation coverage. The decedent’s parents sued one of the employers. The jury found that the petitioner company negligent…
Petition abated and remand ordered for the trial court to state its reasons for denying the relators' motion as it related to the supersedeas
ON PETITION FOR WRIT OF MANDAMUS
The real part in interest (RPI), the Texas State Board of Public Accountancy, suspended the accounting licenses of the relators. The relators obtained the trial court's judgment voiding those suspensions because of violations of the Open Meetings Act. Further, on the RPI's appeal…
Given the constitutional gravity of property rights, administrative agences could not be the final arbiters of decisions affecting these rights including takings claims, thus, preclusive effect could not lie
The Texas Supreme Court denied the motion for rehearing and withdrew the opinion of July 1, 2011 and substituted the instant opinion in its place. The respondent bought a home. Between 1991, when the respondent abandoned her house, and 2002, when the petitioner city demolished it, the respondent's home was…
Appellant could not have reasonably believed that he was confronted with the choice either to be silent and be punished or to capitulate and give incriminating statements against his will, thus, the Fifth Amendment claim failed
ON STATE 'S PETITION FOR DISCRETIONARY REVIEW FROM THE FIFTH COURT OF APPEALS DALLAS COUNTY
The appellant was indicted for possession of less than twenty-eight grams of cocaine with intent to deliver. The trial court then assessed punishment at ten years confinement. The appellate court held that the appellant…
Appellate court correctly held that it had no jurisdiction over the appeal as there was no written order from which to appeal
ON STATE 'S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS TARRANT COUNTY
The appellee was charged with an aggravated robbery. A grand jury indicted the appellee and, as an enhancement, alleged a prior conviction for felony theft. The state filed a "request" for the trial court…
Because the appellant never invoked his right to interrogation counsel after the police gave him Miranda warnings, denial of the motion to suppress was proper
ON STATE'S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS TARRANT COUNTY
A jury convicted the appellant of the murder of his wife. The trial judge denied the appellant's motion to suppress his statements to police during custodial questioning at a hospital after a magistrate had given…
Failure to preserve error was not a proper basis for the appellate court to decline to address the issue; trial court's inclusion of the definition in a jury charge constituted an improper comment
ON APPELLANT 'S PETITION FOR DISCRETIONARY REVIEW FROM THE SIXTH COURT OF APPEALS HARRISON COUNTY
The appellant was convicted of his second driving while intoxicated (DWI) offense in violation of Texas Penal Code Section 49.04(a). The trial court, in its written charge to the jury, defined “operate” as “to…
Appellate court erred in affirming the trial court's decision to deny the appellant a jury instruction regarding medical care to the charge of digitally penetrating the victim's sexual organ
N APPELLANT'S PETITION FOR DISCRETIONARY REVIEW FROM THE EIGHTH COURT OF APPEALS EL PASO COUNTY
The appellant was charged with three counts of aggravated sexual assault of an eight-year-old child, his step-daughter, for allegedly digitally penetrating her genitals, digitally penetrating her anus, and making oral contact with her anus.…
Attorney's claim for unpaid wages barred res judicata from judicial review of Texas Workforce Commission's determination for time period relevant to wage claim filed with TWC, but wage claims not barred for earnings after that period
On Appeal from the 191st Judicial District Court Dallas County
The appellant was employed as an attorney by the Law Offices of the appellee. Appellant sought unpaid wages for work performed as an independent contractor. The appellant sued the appellee, the Law Offices, and the firm's clients, for conversion…
Prosecutorial errors did not prevent fair trial where court instructed jury to disregard and defendant did not complain of corrective instructions; defendant on notice that affirmative finding of use of deadly weapon would be issue at trial
From the 187th Judicial District Court, Bexar County
The appellant appealed his conviction for aggravated assault with a deadly weapon. The appellate court noted that although the prosecutors might have stretched the limits of permissible advocacy, their conduct did not rise to the level of reversible error, because the…
City's buy-back program of city's employees' unused leave found to be discretionary, but subject to arbitration under collective bargaining agreement; city did not act in good faith compared to its past acts; assessment of such acts inherent in agreement
From the 111th Judicial District Court, Webb County
The appellee individual complained of the appellant's failure to buy back the firefighters’ unused sick leave. The dispute was submitted to arbitration. At arbitration, the appellee individual alleged the City violated the Collective Bargaining Agreement (CBA) by suspending the sick leave…
Expert testimony not necessary to educate jurors on causation of claim of damaged water well caused by tremors from seismic testing; causation not so difficult that average juror would misunderstand
On Appeal from the 273rd Judicial District Court Shelby County
The appellant company entered into a contract with the appellee trust to conduct seismic testing on the appellee's property. The appellee conducted a chicken growing operation on the premises, which required a substantial amount of water. The appellee had…
Payor spouse's motion to modify divorce decree failed to show decree was ambiguous and subject to collateral attack; even though decree failed to limit interest of payee spouse of Army retirement benefits to fraction of community's interest in benefits
Appeal from the 224th District Court of Bexar County
The individuals were divorced. Throughout the twelve years of their marriage, the individual served in the United States Army until his eventual retirement. In the divorce decree, the trial court awarded the second individual an interest in the individual’s military…
Plaintiff failed to show defendant acted within scope of fiduciary relationship to plaintiff; fiduciary duty expressly disclaimed; plaintiff entitled to seek judgment on jury's alternative finding of oppression on remand
On Appeal from the 10th District Court Galveston County
The plaintiff sued the defendant to recover profit distributions of joint business ventures alleging defendant wrongfully withheld. The trial court entered judgment on jury finding that the defendant breached fiduciary duties to the plaintiff and awarded plaintiff actual damages and…
No statutory basis to disregard treating physicians assessment of permanent impairment rating of thirty-four percent, and supported by a preponderance of the evidence standard, in favor of state appointed doctor's assessment of seven percent
On Appeal from the 419th Judicial District Court Travis County
The workers’ compensation case originated from a serious slip and fall injury the appellee sustained while employed by the Texas Department of Health and Human Services. The appellee’s treating physician issued a report finding a maximum medical improvement…
Police viewing screen saver of cell phone not a search; motion to suppress evidence after the State rested untimely; erroneous admission of hearsay text "drug messages" not injurious to appellant; sufficient evidence to link appellant to methamphetamines
FROM THE 211TH DISTRICT Court OF Denton COUNTY
A jury convicted the appellant of the possession of at least four grams of methamphetamine but less than 200 grams, with the intent to deliver. The trial court sentenced him to forty years’ confinement. Appellant stated in his brief that seizure…
Plaintiff's suit against decedent's employer for wrongful death by gross negligence involved different issues not determined or fully litigated in previous worker's compensation claim, thus lawsuit not barred as res judicata or collateral estoppel
On Appeal from the 164th District Court Harris County
An employee suffered a fatal heart attack on the job while employed by appellee corporation. A workers’ compensation claim was filed by the decedent's fiancée, the appellant, on behalf of their son. The decedent's injury was determined to be not…
Plaintiff in Harris County Trial Court case not entitled to have mandamus to abate Gregg County Trial Court case filed by defendants of Harris County plaintiff's suit, two suits not inherently related; neither court interfered in the other proceeding
Original Mandamus Proceeding
The company was founded by the father of the petitioner and his brother, with shares issued to family members or family trusts. In 2008, petitioner filed suit in Harris County against the company, brother, and others, alleging that the defendants wrongfully issued shares to increase their…
Sufficient evidence presented to jury to support damages for fraud and misrepresentation in sale of real property; however contract's disclaimer of reliance enforceable to preclude breach of contract claim
FROM THE 96th District Court OF Tarrant COUNTY
The appellee individual was the principal of the appellee company that purchased real property from the appellant company. Appellee company filed the instant lawsuit against appellant company for breach of contract and against its principal individuals for fraud and misrepresentation and…
Summary judgment improper for temporary nuisance injury where nuisance not fully determined to be temporary as opposed to permanent and jury did not determine likelihood of occurence of interference in causation of injury in dispute
Appeal from County Court at Law No. 5 of El Paso County, Texas
The appellant, acting in his capacity as trustee of the Trust, filed the instant lawsuit against the appellee companies, alleging temporary injury to Trust commercial property in El Paso, and seeking damages and injunctive relief. The…
Expert's report to support claim of negligence in prescribing fluoxetine as proximate cause of decedent's suicide failed to provide statutory element of causal link between doctor's negligence and cause of death
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT
The appellant doctor prescribed fluoxetine with twelve refills and did not schedule a follow-up visit to treat appellee's 23 year-old son who sought treatment for depression and stress, having recently broken up with his girlfriend. The appellee's son committed…
Party seeking Bill of Review to set aside judgment against her failed to establish she was prevented from asserting defense to lawsuit by fraud, accident or wrongful act of other party; failure to respond due to her attorney's negligence
Original Mandamus Proceeding
The underlying suit involved a restaurant, the relator, its owner and director. The relator alleged the director failed to deposit $5,700.00 in restaurant fund in the bank, and another $20,544.13 was missing. Also, the director entered into a joint venture with the real party in interest…
Medical negligence plaintiff's doctor report failed third prong of Scoresby test; report failed to implicate any medical defendants' conduct caused the negligence
From the 49th Judicial District Court, Webb County
The appellee sued four health care providers, the appellants, for medical negligence in the insertion of an IV needle into her left wrist resulting in the development of a painful neuroma. The appellee timely filed a doctor's report to meet the…
Trial court abused discretion ordering children to remain "in the area", contradicting Family Code Section 156.006(b) prohibition of temporary orders redesignating party to determine permanent residence of child without evidence of statutory exceptions
ORIGINAL PROCEEDING
The real party in interest father (RPI) filed a petition to modify the parent-child relationship and an application for a temporary restraining order. The RPI averred that the relator mother was planning to move to Florida to live with her boyfriend. He also averred that he wanted…
Fact question remained whether fence permit application by home seller put the seller on notice of local ordinances and thus seller made material misrepresentation or concealment of home defect in sales contract
On Appeal from the 402nd Judicial District Court Wood County
The appellant purchased a house from the appellees pursuant to a sales agreement that provided that the appellant accepted the property “as was.” Prior to sale, the appellee had remodeled the house, doing most of the electrical work and…
Motion for traditional summary judgment improperly granted where appellee failed to disprove at least one element of appellant's claim and failed to conclusively establish all elements of their affirmative defenses
On Appeal from the 101st District Court Dallas County
The two individuals established a trust for their daughter, and asked their friend, the appellee, to serve as trustee. The appellee delegated the authority to make investment decisions for the trust to the first individual. The individuals subsequently divorced, after…
Motion for traditional summary judgment improperly granted where appellee failed to disprove at least one element of appellant's claim and failed to conclusively establish all elements of their affirmative defenses
On Appeal from the 101st District Court Dallas County
The two individuals established a trust for their daughter, and asked their friend, the appellee, to serve as trustee. The appellee delegated the authority to make investment decisions for the trust to the first individual. The individuals subsequently divorced, after…
Surgeon's motion to dismiss plaintiff's amended petition for lack of informed consent improperly denied where plaintiff failed to plead same; but dismissal properly denied for medical negligence claim because amended petition did not add new claim
On Appeal from the 68th Judicial District Court Dallas County
The appellant performed three surgeries on the appellee to correct constant cervical pain raditaing in both arms. The appellee sued the appellant alleging that he negligently performed the surgeries. The appellee served an expert report addressing those allegations. The…
Appellant cited no authority to offset alimony payments by amounts paid by appellee on marital liabilities; negotiated settlements determined to be "paid in full" satisfactory to settlement agreement; court erred entering material change to decree
On Appeal from the 301st District Court Dallas County
The parties were divorced under a divorce decree incorporating the terms of their mediated settlement agreement. Pursuant to the decree, the appellant was to transfer to appellee funds from a 401k account and contractual alimony of $5000 per month. The…
Following severance of arbitrated matter in construction dispute, summary judgment proper for remaining claims: express and implied warranties, contract breach, civil conspiracy precluded by lack of evidence; negligence precluded by economic loss rule
FROM THE 108TH DISTRICT COURT OF POTTER COUNTY
The appellant entered into a standard form contract to build an hotel addition with the appellee, a construction group. The appellee also sought bids from subcontractors for work involving the framing, drywall, exterior finishing and insulation system (EFIS), roof trusses, and…
Appellant did not sufficiently plead error in trial court's jury instructions, where appellant requested the actual instructions for the jury to consider prior felony convictions for jurisdictional purposes only and not prior guilt
On Appeal from the 228th District Court Harris County
A jury convicted the appellant of third degree felony offense of unauthorized possession of a firearm by a felon. After the appellant pleaded true to the allegations in two enhancement paragraphs, the trial court assessed punishment at twenty-five years’ confinement.…
Appellant liable for conversion of business' machine and damages to parts installed by appellee to repair machine to good working order for purchase by appellee, where appellant moved machine to undisclosed location during repair
FROM THE County Court at Law OF Wise COUNTY
Appellant owned a one-half interest in Discount Industrial Coating, Inc., (the company), a polyurethane coating operation. The company's mobile polyurethane machine (the machine) was not in working order, but the appellee informed the appellant that he was interested in purchasing…
Chapter 95 applied to employee's workplace injury claim; access to workplace with "object" unsafe scissors lift cause of injury; appellant failed to provide evidence to show company exerted control over his work
From the 224th Judicial District Court, Bexar County
The appellant was injured while working in the appellee company. The appellant sued the company for damages arising from those injuries. The trial court granted the company’s traditional and no evidence motions for summary judgment. The appellate court noted that Chapter…
Following determination by Texas Supreme court that statutory provisions not conflicting, trial court properly found appellee's malpractice insurer future defense for another court, but erred in determining damages period and judgment interest rate
The instant case was an appeal following the entry of a judgment in favor of the appellant administrator of the decedent's estate and the appellant individuals in their medical malpractice cause of action against the appellee, following remand from the Texas Supreme Court. A petition for review was granted by…
Neither buyer nor seller performed under consulting services contract in connection with corporate purchase agreements; summary judgment for breach of contract claim valid only as to separate claims for scheduled payments due within statute of limitations
On Appeal from the 193rd Judicial District Court Dallas County
The appellee company purchased all of the shares of a Canadian corporation owned by the appellant. The appellant and the company entered into two agreements, both of which included provisions to employ the appellant by the company as a…
Trial court erred in the assessment of certain fees and costs, including future fees and costs as they did not meet a reasonableness standard
On Appeal from the County Court at Law No. 2 Galveston County
The appellants owned a unit in the Maravilla Condominiums in Galveston, Texas. The appellee Association was the governing body of the condominiums. The Association filed suit against the appellants in county court to recover monthly assessments and…
Allegations, when construed liberally in favor of the insured, were sufficient to state a claim that was potentially within coverage
On Appeal from the 215th District Court Harris County
The case involved an insurance-coverage dispute arising from an underlying lawsuit, Bradley v. AEP Texas Central Company, Cause No. 2007-26854 in the 63rd District Court of Val Verde County, Texas. In that case, Weldon Bradley and his wife Ruth sued…
Because the evidence presented did not show that the appellee provided a notice of intent to accelerate, the appellee was not entitled to judgment as a matter of law
On Appeal from the 62nd Judicial District Court Lamar County
The appellee loan company filed a motion for summary judgment in a suit on a promissory note against the appellant Enterprises, as maker of the note, and the appellant hotels, as guarantors of the note. The appellee attached its…
Appellant’s documents failed to contain a statement of opinion by an individual with expertise indicating that the claim asserted by the plaintiff against the defendant had merit; no authority to grant extension existed
On Appeal from the 80th District Court Harris County
The appellant was a resident of the the appellee Center. In August 2007, the appellee-company”, owner of the the appellee Center, notified the appellant that he was being discharged from the the appellee Center. The appellant brought suit against the…
Appellant failed to raise a fact issue with regard to the jurisdictional facts needed to support his whistleblower claim; appellant failed to provide evidence to support the elements of a violation of the Whistleblower Act
On Appeal from the 134th Judicial District Court Dallas County
Before filing the lawsuit, the appellant was employed in the maintenance department of the appellee School District. The appellant sued the appellee setting forth various claims based on the termination of his employment. Among the causes of action asserted…
In a non-enforcement modification suit the court of continuing jurisdiction has jurisdiction and authority to order a parent to pay reasonable attorney’s fees for legal services benefitting children; Hardin upheld, conflicting authority disapproved
On Appeal from the 312th District Court Harris County
The father of three children, the appellant, filed suit seeking modification of a final order rendered in a suit affecting the parent-child relationship, and the appellee, the mother, counter-sued, also seeking modification of that order. The trial court denied the…
Record contained probative evidence to support the appellant’s mistaken belief; attorney's failure fell below an objective standard of reasonableness; reversal required based on counsel's deficiencies
On Appeal from the 434th District Court Fort Bend County
The appellant was convicted of forgery. Punishment was assessed at three years community supervision. The appellate court noted that the appellant’s defense was that he lacked the intent to defraud because he was mistaken as to the authenticity of…
Appellant perceived, and thus had actual knowledge of, the allegedly dangerous conditions about which she complained, therefore no duty was owed
On Appeal from the 380th Judicial District Court Collin County
The appellant attended a party at the appellee’s house during which the appellee gave the appellant a tour of the house. During the tour, the appellant was injured after falling on the steps leading to the wine cellar. The…
Petitioner’s claim had triggered exclusive federal patent jurisdiction; federal courts were capable of addressing the issues without disrupting the jurisdictional balance
On Petition for Review from the Court of Appeals for the Second District of Texas
The petitioner was a former securities broker. He formed a company. A couple of years later, the petitioner began developing the Texas Computer Exchange Network (TEXCEN), a software program intended to operate over a…
Contract required the parties use the AAA to appoint the arbitrator, accordingly, the trial court abused its discretion in appointing an arbitrator without allowing a reasonable opportunity to procure an appointment by the AAA
On Petition for Writ of Mandamus
The instant mandamus proceeding arose from an arbitration agreement governed by the Federal Arbitration Act (FAA). The parties entered into a contract for interment rights and services. The contract obligated the parties to arbitrate that dispute over the care and maintenance of the…
Because the respondents did not file suit until more than two years after the date of apprisement of an actionable claim, their claims were time-barred
On Petition for Review from the Court of Appeals for the Third District of Texas
The petitioner cable television and internet provider, had cable lines running on two properties owned by the respondents. The properties were located on Highways 77 and 290. The petitioner cable lines were placed on…
Trial court abused its discretion by appointing an arbitrator instead of following the agreed-upon method of selection; two month delay did not establish a lapse or failure in the selection method
On Petition for Writ of Mandamus
The two plaintiff sisters jointly filed suit against the corporation alleging fraud, deceptive trade practices, and other tort claims arising from their respective interment rights and services contracts for family burial plots at Mont Meta Memorial Park. The parties agreed the dispute was…
Petitioner's sixty-fifth-day notice of appeal was timely; arguable interpretation of appellate rules 26.1(a) and 27.2 and civil rules 329b and 306c allowed the petitioner's motion
On Petition for Review from the Court of Appeals for the First District of Texas
The respondent sued the petitioner in 2007, and the case went to trial in May 2010. The jury returned a verdict for the respondent. After the verdict but before the judgment was signed the…
Because the successor trial court judge in the instant case did not state sufficient reasons for his ruling, contrary to the holding in In re Columbia, relief was conditionally granted
On Petition for Writ of Mandamus
The instant case was a divorce action between the respondent and the relator. The respondent sought to enforce an in-court agreement as a contract. The case proceeded to trial to determine whether the relator lacked mental capacity to enter the agreement. After the…
Petitioners' petition for review was granted and petitioners given the opportunity to replead their claims in light of new precedent
On Petition for Review from the Court of Appeals for the First District of Texas
The petitioners were firefighters for the respondent city. They sued the respondent, claiming that it improperly calculated pay for certain assignments in violation of the Firefighter and Police Civil Services Act. The petitioners sought…
Fraudulent concealment doctrine did not apply to extend limitations as a matter of law when the royalty underpayments could have been discovered from readily accessible and publicly available information
On Petition for Review from the Court of Appeals for the First District of Texas
The petitioner company entered into a mineral lease with an individual and her husband (Reuss Lease). Several years later, the petitioner contributed parts of the land covered by the Reuss Lease to two pooled…
Covenant not to compete was “ancillary to or part of” an otherwise enforceable agreement, thus, a sufficient nexus existed to allow enforcement of the covenant
On Petition for Review from the Court of Appeals for the Fifth District of Texas
The Texas Supreme Court denied the respondent’s motion for rehearing and withdrew the opinion filed on June 24, 2011. The respondent had been employed by the petitioner company since 1983 and rose to become a…
Appellate court's judgment reversed and remanded as the petitioner had preserved its argument regarding the arbitrators
On Petition for Review from the Court of Appeals for the Fifth District of Texas
The instant case concerned an arbitration provision that allowed each party to appoint one arbitrator to a panel, subject to certain requirements. At issue was whether the petitioner company waived its objection to the…
Summary judgment in favor of the appellee landowner finding that all tax liens after appellee's purchase of the subject property in November 2008 were forfeited or extinguished affirmed
On Appeal from the 6th Judicial District Court Red River County The appellant city, along with three other taxing units, challenged the trial court’s grant of a summary judgment in favor of the appellee landowner finding that all tax liens after appellee's purchase of the subject…
Double jeopardy did not bar trying mother for offense of injury to child after acquittal for capital murder of same child; whether failure to seek medical treatment resulted in injury was not question answered in first trial
On Appeal from the County Court at Law #1 Gregg County
A minor died as a result of blunt force trauma of head with closed head injury. The autopsy report concluded the manner of death was homicide. On the day of his death, the minor had been in the…