observation analysis in Texas

2005As support for this observation and for our analysis of the issue, we find the discussion in Soria v. State, 933 S.W.2d 46, 66 (Tex.Crim.App.1996) to be instructive. 2 In Soria , a capital murder/death penalty review, the defendant complained of the trial court’s refusal to instruct the jury that a failure to agree on its answers to the special issues was an option, as well as answering “yes” or “no.” Id. at 49, 66 .

2005As support for this observation and for our analysis of the issue, we find the discussion in Soria v. State, 933 S.W.2d 46, 66 (Tex.Crim.App.1996) to be instructive. 2 In Soria , a capital murder/death penalty review, the defendant complained of the trial court’s refusal to instruct the jury that a failure to agree on its answers to the special issues was an option, as well as answering “yes” or “no.” Id. at 49, 66 .

2024In Coates, we observed that a party’s mental condition is not in controversy when the party “has not sought any type of psychiatric treatment as a result of the incident and, equally important, does not propose to offer psychiatric or psychological testimony to prove mental anguish at trial.” 758 S.W.2d at 752 . 7 And Midkiff v. Shaver addressed how this observation applies to the privilege exceptions at issue here. 788 S.W.2d 399, 402-03 (Tex. App.—Amarillo 1990, orig. proceeding).

2024The Midkiff court explained that although the plaintiff’s allegation of mental anguish itself did not place her mental condition in issue, she had “sought medical attention for some of the symptoms of her mental anguish” and for “physical manifestations” of her mental anguish, thereby establishing “a connection . . . between her mental anguish complaint and the medical attention she sought.” Id.

2022We agree with the court’s analysis in Treto in applying the presumption of parentage to same-sex spouses, and add the observation that applying the presumption promotes the long- standing principle that the “best interest of the child is always the primary consideration of the court in determining issues of conservatorship and possession of or access to a child.” See Doncer v. Dickerson, 81 S.W.3d 349, 353 (Tex.App.--El Paso 2002, no pet.), citing 10 The court in Treto also noted that other state courts that have adopted the Uniform Parentage Act have concluded that the marital presumption app

2013See Illinois v. Wardlow, 528 U.S. 119, 123-24 , 120 S.Ct. 673 , 145 L.Ed.2d 570 (2000) (reiterating that reasonable suspicion is “more than an ‘inchoate and unparticularized suspicion or hunch’ of criminal activity”).

2013See Illinois v. Wardlow, 528 U.S. 119, 123-24 , 120 S.Ct. 673 , 145 L.Ed.2d 570 (2000) (reiterating that reasonable suspicion is “more than an ‘inchoate and unparticularized suspicion or hunch’ of criminal activity”).

2012While in some instances an officer’s observation of a violation of the transportation code unequivocally establishes a violation of the law justifying a traffic stop, see Hicks v. State, 255 S.W.3d 351, 354 (Tex. App.—Texarkana 2008, no pet.), in this case, the trial court was able to not only consider the testimony of Officer Bell, but it also was able to consider the video recording of the incident.