MAJOR APPELLATE DECISIONS

MAJOR APPELLATE DECISIONS

worked on by the staff and attorneys at the Kingsbury Law Firm

Markle v. State 

No. 14-13-00961-CR (Tex. App.—Houston [14th Dist.] 2015)

Conviction reversed and remanded based upon incomplete trial record.

Richards Auto Sales v. Fan Dist., LLC

NO. 14-13-00522-CV (Tex. App.—Houston [14th Dist.] 2014)

The Kingsbury Law Firm represented Richards Auto Sales and Mr. Osborne on appeal. Obtained judgment reversing summary judgment and remanded for trial. Court of Appeals held all costs of appeal to be paid for by Fan Distributing, LLC. 

Gardner v. State

433 S.W.3d 93 (Tex. App.—Houston [1st Dist.] 2014)

The trial court did not abuse its discretion in denying defendant’s motion to suppress his two video-recorded statements because he was not in custody for Miranda purposes under Tex. Const. art. I, § 9 and Tex. Code Crim. Proc. Ann. art. 38.22. The officers reiterated that he was free to end the interview and leave the patrol car at any time.

Lecourias v. State

No. 14-11-01014-CR (Tex. App.—Houston [14th Dist.] 2012)

Writ of habeas corpus granted vacating DUI conviction.

Zidell v. Gorden Kanan, M.D.; Butch Tubera, M.D., C.D.; Eddie Queza; Mike Kessler; Wilfredo Feliciano

No. 10-10824 (5th Cir. 2011)

Overturning dismissal for failure to state a claim upon which relief may be granted by district court in No. 4:10-cv-106 (N.D. Tx. 2011). Bivens and Federal Tort Claim Act Petition with supplemental state claims alleged defendants were medically negligent in treating diabetes causing unnecessary serious harm and injury. Judgment by consent.

Chambers v. Officer Rothman, et al.,

No. 06-10648 (5th Cir. 2007)

Overturning dismissal for failure to state a claim upon which relief may be granted in No. 4:06-cv-00304-A (N.D. Tx. 2007). Bivens and Federal Tort Claim Act Petition alleged correctional officer knowingly and willfully caused bodily injury (heart attack) to inmate by forcing cardiac patient to mow lawn as punishment. Judgment by consent.

Bhakta v. State

124 S.W.3d 738 (Tex. App.—Houston [1st Dist.] 2003)

DWI conviction was affirmed because the expert was qualified, the expert testimony was useful to the fact finder, there was sufficient evidence for a retrograde extrapolation, and the expert testimony was not outweighed by any prejudicial effect.

Peters v. State

31 S.W.3d 704 (Tex. App.—Houston [1st Dist.] 2000)

Appellant's punishment for sexual assault of his granddaughter was remanded because his expert was improperly kept from testifying as to relevant recidivism statistics, permissible hearsay for experts, to which the State had opened the door.

Texas Department of Public Safety v. Saikia

No. 14-00-01208-CV (Tex. App.—Houston [14th Dist.] 2000)

Administrative suspension of driver's license following arrest for DUI reversed.

Allied General Agency, Inc., & John Michael Poland v. Moody 

No. C-9992 (Texas Supreme Court, 1993)

Defended a personal injury action obtaining dismissal of Supreme Court's review as improvidently granted.

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