evidence to support violation in Texas

2024Under appropriate circumstances, a defendant may affirmatively raise the claim of self-defense if the use of force is “justified.” Braughton, 569 S.W.3d at 606 ; see also Gamino v. State, 537 S.W.3d 507, 510 (Tex. Crim.

2023“Meritorious claims for intentional infliction of emotional distress are relatively rare precisely because most human conduct, even that which causes injury to others, cannot be fairly characterized as extreme and outrageous.” Suberu, 216 S.W.3d at 796 (citing Creditwatch, Inc. v. Jackson, 157 S.W.3d 814 , 815 n.1 (Tex. 2005)).

2023“Meritorious claims for intentional infliction of emotional distress are relatively rare precisely because most human conduct, even that which causes injury to others, cannot be fairly characterized as extreme and outrageous.” Suberu, 216 S.W.3d at 796 (citing Creditwatch, Inc. v. Jackson, 157 S.W.3d 814 , 815 n.1 (Tex. 2005)).

2016See Wooten, 400 S.W.3d at 605 ; McKinney, 179 S.W.3d at 569 ; Trevino, 100 S.W.3d at 238-39 .

2016See Wooten, 400 S.W.3d at 605 ; McKinney, 179 S.W.3d at 569 ; Trevino, 100 S.W.3d at 238-39 .

2015(See Alpha & Omega, supra, 200 Cal.App.4th at p. 667 .) A party who "asserts a real property claim" may record a lis pendens. (§ 405.20.) Section 405.4 defines a '"[r]eal property claim'" as "the cause or causes of action in a pleading which would, if 6 It is apparent that Palmer, supra, 109 Cal.App.4th 1367 , in adding an evidentiary requirement, erroneously merged the evidentiary standard for a motion to expunge into the distinct question of whether the privilege applies. 16. meritorious, affect (a) title to, or the right to possession of, specific real property ...." Thus, "[s]ection 405.4

2015(See Alpha & Omega, supra, 200 Cal.App.4th at p. 667 .) A party who "asserts a real property claim" may record a lis pendens. (§ 405.20.) Section 405.4 defines a '"[r]eal property claim'" as "the cause or causes of action in a pleading which would, if 6 It is apparent that Palmer, supra, 109 Cal.App.4th 1367 , in adding an evidentiary requirement, erroneously merged the evidentiary standard for a motion to expunge into the distinct question of whether the privilege applies. 16. meritorious, affect (a) title to, or the right to possession of, specific real property ...." Thus, "[s]ection 405.4

2015(See Alpha & Omega, supra, 200 Cal.App.4th at p. 667 .) A party who "asserts a real property claim" may record a lis pendens. (§ 405.20.) Section 405.4 defines a '"[r]eal property claim'" as "the cause or causes of action in a pleading which would, if 6 It is apparent that Palmer, supra, 109 Cal.App.4th 1367 , in adding an evidentiary requirement, erroneously merged the evidentiary standard for a motion to expunge into the distinct question of whether the privilege applies. 16. meritorious, affect (a) title to, or the right to possession of, specific real property ...." Thus, "[s]ection 405.4

2015Instead, it is clear from the plain language of section 405.4 that a 'real property claim' is determined from the cause or causes of action set forth in the pleading(s)." {Alpha & Omega, supra, 200 Cal.App.4th at p. 667 .) Consistent with this definition, Civil Code section 47(b)(4) states in like terms that, for the privilege to apply, a recorded lis pendens must identify "an action ... which affects" title or possession of real property.

2015In his restricted appeal, the driver alleged three grounds for setting aside the default judgment and granting a Civil Procedure > ... > Pretrial Judgments > Default & new trial: (1) no reporter's record was made at the Default Judgments > Relief From Default default judgment hearing; (2) the family members failed Civil Procedure > Appeals > Standards of Review > General to prove their damages; and (3) the judgment failed to Overview 218 S.W.3d 216, *216 ; 2007 Tex. App. LEXIS 842 , **1 HN2 Because a restricted appeal affords an appellant damages, however, the trial court must hear evidence th

2015In his restricted appeal, the driver alleged three grounds for setting aside the default judgment and granting a Civil Procedure > ... > Pretrial Judgments > Default & new trial: (1) no reporter's record was made at the Default Judgments > Relief From Default default judgment hearing; (2) the family members failed Civil Procedure > Appeals > Standards of Review > General to prove their damages; and (3) the judgment failed to Overview 218 S.W.3d 216, *216 ; 2007 Tex. App. LEXIS 842 , **1 HN2 Because a restricted appeal affords an appellant damages, however, the trial court must hear evidence th

2013Accordingly, appellant should have known “to challenge the sufficiency of the evidence to support this requirement as of the time of any direct appeal from that judgment.” Id.

2013The court of criminal appeals concluded that Wiley “was aware of the requirement that he pay court costs, including the cost of court appointed attorney fees, even as of the time he signed the judgment” and that “[h]e would therefore have known to challenge the sufficiency of *457 the evidence to support this requirement as of the time of any direct appeal from that judgment.” Id.

2013Instead of doing so, however, he “waived his right to appeal, though not required to do so by the terms of any negotiation with the State.” Id.

1993Chaffin, 658 S.W.2d at 190 .

1991In Willis, 785 S.W.2d 378 , we upheld a capital murder conviction where a defendant challenged the sufficiency of the evidence to support the claim that he killed a woman by setting fire to the house in which the woman slept.