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 -----Original Message-----
From: 	"Law.com/tx" <tx_case_alert+410717.153596706.1@reply.law.com>@ENRON  
Sent:	Friday, October 26, 2001 6:01 AM
To:	Hu, Sylvia
Subject:	Texas Case Alert, October 26, 2001


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       L A W . C O M / T E X A S

           C A S E  A L E R T

                  for

        O C T O B E R 2 6,  2 0 0 1

<http://tm0.com/sbct.cgi?s=153596706&i=410717&d=1940965>

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***  Current News on Law.com/TX  ***


14th Court Extends Deadly Weapon Finding
Texas Lawyer
Houston's 14th Court of Appeals may have handed prosecutors another
plea bargaining tool on Oct. 11 when it upheld a jury's finding
that a man found guilty of failing to stop and render aid used a
"deadly weapon" in the commission of the offense. In a 2-1
decision, the court held in Cates v. Texas that a rational jury
could conclude from the evidence that Johnny Weldon Cates II
operated his pickup truck in a manner capable of causing death or
serious injury when he left the scene of a fatal accident that he
caused.
http://tm0.com/sbct.cgi?s=153596706&i=410717&d=1940966

Read more Texas legal news
http://tm0.com/sbct.cgi?s=153596706&i=410717&d=1940967



***  5th U.S. Circuit Court of Appeals  ***


REAL ESTATE - CIVIL RIGHTS
Banks v. Dallas Housing Authority
The now-repealed provision of 42 U.S.C. ?1437f(e) requiring that
public housing authorities make assistance payments only to those
property owners who keep public housing "decent, safe, and
sanitary" neither displays Congressional intent to create a private
right of action nor creates a federal right that is judicially
enforceable through 42 U.S.C. ?1983. 5th Cir. No. 00-11160; Posted
October 24, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=410717&d=1940968



***  Texas Supreme Court  ***


REAL ESTATE - CONDEMNATION
Interstate Northborough Partnership v. State
Damages resulting from a commercial property's increased proximity
to a roadway, with attendant loss of curb appeal, green space and
"buffer" zone, are special rather than community damages. Supreme
Court of Texas, No. 00-0070; Posted October 25, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=410717&d=1940969



***  Texas Court of Criminal Appeals  ***


CRIMINAL LAW - DEFERRED ADJUDICATION
Williams v. State
In an appeal from the adjudication of guilt, the appellant may
appeal a jurisdictional issue concerning the original deferred
adjudication proceeding, but not the voluntariness of the guilty
plea. Texas Court of Criminal Appeals, No. 697-01; Posted October
24, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=410717&d=1940970


CRIMINAL LAW - DEFERRED ADJUDICATION
Northington v. State
In an appeal from the adjudication of guilt, the appellant may
appeal a jurisdictional issue concerning the original deferred
adjudication proceeding, but not the voluntariness of the guilty
plea. Texas Court of Criminal Appeals, No. 700-01; Posted October
24, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=410717&d=1940971


CRIMINAL LAW - CAPITAL MURDER
Thompson v. State
Even if the victim's doctors' conduct was clearly sufficient to
cause her death, the defendant is not absolved of responsibility
unless his own conduct is "clearly insufficient" to produce the
death. Texas Court of Criminal Appeals, No. 73-431; Posted October
24, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=410717&d=1940972


CRIMINAL LAW - MANDATORY SUPERVISION RELEASE
Ex Parte Shook
When the Board of Pardons and Parole gives the inmate notice of a
specific date on which the hearing is scheduled to take place, the
inmate is entitled to rely on that information and accordingly has
until that date to submit relevant information on his behalf. Texas
Court of Criminal Appeals, No. 74-085; Posted October 24, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=410717&d=1940973


CRIMINAL LAW - DUE PROCESS
Ex Parte Boyd
Texas Code of Criminal Procedure Article 42.014 and Texas Penal
Code ?12.47 violated the applicant's right to due process by
removing from the jury the assessment of a fact (that the applicant
chose his victim because of bias or prejudice) that increased the
prescribed range of penalties to which applicant was exposed. Texas
Court of Criminal Appeals, No. 74-121; Posted October 24, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=410717&d=1940974



***  Texas Courts of Appeal  ***


HEALTH LAW - GOOD SAMARITAN
Ramirez v. McIntyre
A doctor falls within the protection of the Good Samaritan statute
only if he or she would not customarily receive remuneration for
the services performed and would not legally be entitled to
remuneration; it is of no consequence that the person claiming
protection waives or elects not to charge for the medical
assistance. Austin Court of Appeals, No. 03-01-00027-CV; Posted
October 25, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=410717&d=1940975


EMPLOYMENT LAW - WHISTLEBLOWER ACT
Texas Department of Mental Health and Mental Retardation v.
Olofsson
Noncompliance with the limitation period of Texas Government Code
?554.005 gives rise to the affirmative defense of limitations, but
it is not grounds for a plea to the jurisdiction. Austin Court of
Appeals, No. 03-01-00203-CV; Posted October 25, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=410717&d=1940976


CRIMINAL LAW - ACCOMPLICE TESTIMONY
Worthen v. State
The court did not err by submitting the question of whether a
witness is an accomplice to the jury as a fact issue because it was
not clear from the evidence whether the witness was an accomplice.
Austin Court of Appeals, No. 03-01-00019-CR; Posted October 25,
2001.
http://tm0.com/sbct.cgi?s=153596706&i=410717&d=1940977


INSURANCE LAW - COVERAGE
Duke Energy Field Services Assets, L.L.C. v. National Union Fire
Insurance Co. of Pittsburgh
When a subsidiary enters into a contract and that subsidiary is
then merged into a parent corporation, the contracts of the
subsidiary are treated as contracts with the parent. Texarkana
Court of Appeals, No. 06-01-00024-CV; Posted October 24, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=410717&d=1940978


CRIMINAL LAW - INEFFECTIVE ASSISTANCE OF COUNSEL
Blount v. State
In a case alleging ineffective assistance of counsel, the court's
review of counsel's representation is highly deferential; the fact
that another attorney, even the defendant's own attorney on
appeal, might have pursued a different course of action does not
necessarily indicate ineffective assistance. Texarkana Court of
Appeals, No. 06-00-00171-CR; Posted October 24, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=410717&d=1940979


FAMILY LAW - PARENTAL TERMINATION
In the Interest of L.L.
In proceedings where the Texas Department of Protective and
Regulatory Services is prosecuting an action to terminate parental
rights, a final order must be entered concerning the child no later
than one year after the department becomes the temporary managing
conservator of a child or the suit must be dismissed. Amarillo
Court of Appeals, No. 07-00-0545-CV; Posted October 23, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=410717&d=1940980



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