Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
1262 opinions found
King v. State
COA06
In King v. State, a father was convicted of knowingly causing serious bodily injury to his 28-month-old child by omission after failing to provide food or water for over 15 hours, resulting in severe dehydration and malnutrition. On appeal, King challenged the legal sufficiency of the evidence regarding his mental state. The Texarkana Court of Appeals analyzed the case using the 'cumulative force' doctrine for circumstantial evidence, looking at the child's confinement, the father's exclusive control, and the obviousness of the child's physical deterioration. The court affirmed the conviction, holding that a rational jury could infer the defendant acted 'knowingly' because he was aware his failure to provide basic necessities was reasonably certain to cause serious bodily injury.
Litigation Takeaway
"In neglect-based family law litigation, you can prove a parent's 'knowing' endangerment without a confession by building a narrative around exclusive control, a documented timeline of deprivation, and the objective, observable physical decline of the child."
Strickland v. State
COA07
In Strickland v. State, a trial court attempted to stack a defendant's sentences by 'judicially noticing' prior convictions from a different term of court. The Seventh Court of Appeals held that judicial notice cannot be used as a shortcut to prove matters outside the operative record or term of court. Instead, the proponent must introduce competent evidence and establish a link between the party and the records. Although the trial court erred in its method, the appellate court affirmed the sentence because the State introduced the actual judgments containing matching identifiers (such as SID and Social Security numbers), which provided sufficient proof of the prior convictions.
Litigation Takeaway
"Do not rely on a judge 'knowing the file' or taking judicial notice of records from other cases or prior terms; to survive appeal, you must formally introduce certified records and provide specific testimony or identifiers that link those documents to the party."
T.L.H. v. Texas Department of Family and Protective Services
COA03
In this case, a father (Timothy) appealed the trial court's order terminating his parental rights. His court-appointed attorney filed an Anders brief, stating that the appeal was frivolous and lacked merit. The Third Court of Appeals conducted an independent review of the record, specifically analyzing the trial court's endangerment findings under Subsections (D) and (E) as mandated by the 'In re N.G.' standard. The court also addressed the duration of appointed counsel's obligations under 'In re P.M.' The court held that the appeal was indeed frivolous, affirmed the termination order, and clarified that counsel's duties extend through the filing of a potential petition for review with the Texas Supreme Court.
Litigation Takeaway
"In parental termination appeals, an Anders brief does not trigger an automatic withdrawal; the appellate court must still perform a rigorous independent review of endangerment findings, and appointed counsel remains obligated to represent the client through the Texas Supreme Court level."
In the Interest of J.M., a Child
COA12
After the Department of Family and Protective Services filed a petition to terminate a mother's parental rights due to substance abuse and family violence, the parties executed a statutory Mediated Settlement Agreement (MSA) appointing the mother as a possessory conservator. Despite the agreement, the mother appealed the final order. The Twelfth Court of Appeals performed an independent review of the record and found the appeal frivolous under Anders v. California. The court held that because the MSA complied with Texas Family Code § 153.0071—including the required non-revocation language and voluntary signatures—it was binding on the trial court. While the court affirmed the judgment, it denied appointed counsel's motion to withdraw, clarifying that the right to counsel in government-initiated suits persists through the exhaustion of proceedings in the Texas Supreme Court.
Litigation Takeaway
"A statutory Mediated Settlement Agreement (MSA) is nearly unassailable on appeal if it contains the proper non-revocation language and is signed by all parties; furthermore, appointed counsel in CPS cases must remain on the case through the Texas Supreme Court level even if they believe the appeal is frivolous."
Thomas v. State
COA04
In Thomas v. State, the defendant challenged his conviction for aggravated sexual assault of a child, arguing that the evidence was legally insufficient to prove 'penetration' because the victim testified he only 'tried' to penetrate and did not go 'all the way.' The Fourth Court of Appeals analyzed the 'however slight' standard under Texas Penal Code § 22.021, noting that penetration is satisfied by any contact more intrusive than the outer vaginal lips. The court held that descriptions of prolonged inward pressure and intrusive contact were sufficient for a rational jury to infer penetration, regardless of the witness's equivocal phrasing. Additionally, the court found no abuse of discretion in the trial court's decision to limit a jury readback to the specific portion of testimony responsive to the jury's disagreement. The court affirmed the convictions.
Litigation Takeaway
"The legal definition of 'penetration' in sexual assault cases is broader than many realize, requiring only intrusion beyond the outer labia; in parallel family law proceedings, attorneys should focus on eliciting specific sensory details of inward pressure and duration to support safety-based custody restrictions, even if a child witness avoids using clinical terms for 'full entry.'"
Salinas v. Tovar
COA13
In a civil suit alleging invasion of privacy, a defendant challenged a trial court's temporary injunction that compelled him to turn over his cell phone and iCloud data to a court-appointed forensic examiner. The Thirteenth Court of Appeals analyzed whether this compelled production violated the Fifth Amendment's act-of-production doctrine. The court reasoned that by forcing the defendant to produce the specific device used on the date of the alleged incident, the act would implicitly communicate and authenticate the device's existence, the defendant's possession of it, and its link to the allegations. The court held that the turnover requirement constituted a testimonial communication protected by the privilege against self-incrimination and reversed that portion of the trial court's order.
Litigation Takeaway
"Compelling a party to produce a specific digital device for forensic imaging may violate the Fifth Amendment act-of-production privilege because the act of production itself can be an incriminating testimonial communication regarding the device's existence, possession, and authenticity."
In the Interest of E.K.Y.O.
COA04
In a SAPCR modification proceeding, the trial court ordered a father to pay $20,000 in attorney’s fees and costs. The father appealed, contending that his previously filed Statement of Inability to Afford Payment of Court Costs—which was uncontested—exempted him from such an award under Texas Rule of Civil Procedure 145. However, the father had filed the Statement in a separate cause number involving the registration of a foreign judgment, rather than the specific modification case. The Fourth Court of Appeals analyzed Rule 145, concluding that indigency protections are case-specific and do not automatically follow a party into separate, even if related, litigation. The court held that because the father failed to file the Statement in the correct cause number, he was not shielded from the fee award and affirmed the trial court's judgment.
Litigation Takeaway
"Indigency status under Rule 145 is case-specific; to protect a client from fee awards or court costs, you must file a Statement of Inability in every individual cause number, as a filing in a related or precursor case will not provide protection in a separate proceeding."
Davis v. State
COA09
In Davis v. State, a defendant challenged the warrantless seizure of his cell phone during a child sexual assault investigation, arguing the evidence obtained from a subsequent search warrant should be suppressed. The Ninth Court of Appeals analyzed the seizure under the Fourth Amendment's exigent circumstances exception, which allows warrantless action to prevent the imminent destruction of evidence. The court found that because the defendant admitted to using the phone to communicate with the victim and had already deleted messages and blocked her, officers had both probable cause and a reasonable belief that evidence faced immediate destruction. The court held the warrantless seizure was permissible to preserve the status quo until a warrant could be obtained, affirming the denial of the motion to suppress.
Litigation Takeaway
"To secure immediate preservation of digital evidence in family violence or abuse cases, litigators should build a record of specific "deletion risk"—such as prior deletions or admissions of blocking contacts—to justify emergency relief or turnover orders under an exigent circumstances framework."
R.C. and P.K. v. Texas Department of Family and Protective Services
COA03
In this parental termination case, the Department of Family and Protective Services (DFPS) intervened due to methamphetamine use and domestic violence. Although the mother was granted a 'monitored return' of her children after showing initial progress, she eventually allowed the abusive father back into the home and continued to struggle with sobriety. The trial court terminated the rights of both parents, a decision the Third Court of Appeals affirmed. The appellate court found that the child's positive drug test and the mother's failure to shield the children from a violent partner constituted clear endangerment, holding that the children's safety and need for stability outweighed the parents' partial compliance with service plans.
Litigation Takeaway
"Technical compliance with a service plan (like getting housing or attending classes) does not protect a parent from termination if they fail to address the underlying dangers of drug use or abusive relationships; a 'monitored return' is a period of high scrutiny where any contact with a prohibited abuser or a positive drug test can be fatal to the case."
Ex parte Victor Elias Martinez
COA03
Victor Elias Martinez was detained for kidnapping in September 2024. Several months later, while still in custody, he was charged with aggravated sexual assault arising from the same series of events. Martinez argued that under Texas Code of Criminal Procedure Article 17.151, he was entitled to a bond reduction because the State was not ready for trial within 90 days of his initial arrest. The Third Court of Appeals analyzed the statutory distinction between a 'criminal action' (the specific prosecution) and a 'criminal episode' (the underlying facts). The court held that the 90-day clock for the State's readiness applies to the specific charge for which the person is detained, and the clock resets with each new, distinct criminal charge. Therefore, the State's failure to indict on the initial kidnapping charge did not require a bond reduction for the later sexual assault charge.
Litigation Takeaway
"The 90-day 'mandatory release' rule for defendants in custody is not an absolute shield; filing new, distinct charges for related conduct resets the clock, providing family law litigants a strategic path to maintain the detention of a dangerous party during a divorce or custody battle."