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Bob Mabry
Civil Appeals, Criminal Appeals, and Criminal Trial Law Just North of Houston Texas U.S.A.
Civil Appeals, Criminal Appeals, and Criminal Trial Law Just North of Houston Texas U.S.A.
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Can a State Hold that Powers of Attorney Will Only Bind Principals to Arbitration if Binding to Arbitration Is Expressly Mentioned in the POA?
A wife has a general power of attorney to act on behalf of her husband. A daughter has a general power of attorney to act on behalf of her mother. Using the powers of attorney they sign their loved ones into a nursing home. The paperwork includes a binding ...

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One spouse might get a large discretionary bonus each year, based in part on good work done during the community property period. Other spouse gets what?
Miguel Angel Loya had a job in which he got a sizeable bonus every Spring. He and his wife Leticia B. Loya were getting a divorce and executed a mediated settlement agreement dividing their property. They did this shortly before he got one of his bonuses.Wh...

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Trial Court Admits Expert Testimony, or Not, at Its Discretion; Attorneys' Fees Must Be Segregated between Fee-Recovering and Non-Fee-Recovering Causes of Action
Beaumont Court of Appeals Chief Justice Steve McKeithen, writing for a panel including Justices Charles Kreger and Hollis Horton withdrew an earlier opinion in State Farm Lloyds v. Webb , No.  09-15-00408-CV . Webb sued State Farm Lloyds for breach of contr...

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Should the CCA Apply a Standard Currently Being Reviewed by SCOTUS?
Today's case is Us Carnell Petetan, Jr.   v. State of Texas , __ S.W.3d ___, No. AP-77,038, (Tex. Crim. App. Mar. 8, 2017). Petetan was convicted and sentenced to death in the 19th Judicial District in Waco. A CCA appeal is automatic. The Court's opinio...

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Are There Any Situations in Which a Civil Litigant Has a Right to Appointed Counsel in a Texas State Court?
We're not talking here about criminal cases. We're not talking here about federal cases. Though Texas juvenile proceedings are designated as civil instead of criminal, the criminal counsel appointment rules apply.  Sexually violent predator civil commitment...

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The President Can Barely Read.
Up until now, you could reasonably expect that a President of the United States or a candidate for that office was an accomplished and capable reader in the English language. But no more, Videoblogger David Pakman first posted a video demonstrating his susp...

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The President's Violations of the Emoluments Clause Make Us Less Safe.
The 9/11 attackers generally came from Saudi Arabia with lawfully obtained visas , but Saudi Arabia was not subjected to the visa ban-- Trump has business interests there.   Turkey has had terrorist attacks recently , but Turkey was not subjected to the vis...

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Plastic Disks No Longer Routine for Appellate Records
Now attorneys-in-charge can get access to documents in their appeals straight from the website of the relevant appeals court, including clerk's records and court reporter's records. Now appellate counsel won't have to get the record from a trial court clerk...

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Former Assistant Attorney General Appointed to Empty Dallas State Appeals Court Seat
Jason Boatwright, a former assistant attorney general who worked closely with Governor Greg Abbott when Abbott was Texas Attorney General, has been named to Dallas's state Fifth Supreme Judicial District Court of Appeals. He replaces David Lewis who resigne...

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Diplomats,Federal Agencies, and State Governments Seek to Give Money to Donald Trump to Get Him to Look Better on Their Requests
This afternoon I looked up Washington D.C. hotels on Bing. There are hundreds.   One of those hotels is a Trump hotel.  An important class of customers for these hotels are foreign governments. These foreign governments seek to influence the U.S. government...
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