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Texas

Texas Court of Appeals, Seventh District (Amarillo)
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Nichols v. State — Threats Relayed Through Crisis Negotiators Satisfy Aggravated Assault on Public Servant; Felony Deadly Conduct Is Not a Lesser-Included Offense When Indictment Charges Exhibiting, Not Discharging, a Weapon

The Seventh Court of Appeals affirmed a fifteen-year conviction for aggravated assault on a public servant, holding that threats relayed through crisis negotiators to officers on scene satisfy the statute, and that felony deadly conduct is not a lesser-included offense of aggravated assault by threat where the indictment charges only exhibiting — not discharging — a weapon. The court modified the judgment to delete an attorney’s fees provision entered without the required finding of financial resources.

Texas Court of Appeals, Eighth District (El Paso)
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Johnson v. State — Post-Conviction DNA Retesting Denied Where Law-of-Parties Conviction Leaves Third-Party DNA Non-Exculpatory

The Eighth Court of Appeals affirmed denial of a second post-conviction DNA testing motion in a capital murder case, holding that Chapter 64 does not permit comparison of a DNA specimen to a specific named individual, and that third-party DNA on the murder weapon is not exculpatory where the defendant was convicted under a law-of-parties theory and substantial evidence of guilt exists independent of the DNA.

Texas Court of Appeals, Seventh District (Amarillo)
Uncategorized

McGruder v. State — Defendant Who Refused Court-Ordered Sanity Evaluation Cannot Complain of Its Denial on Appeal

The Seventh Court of Appeals affirmed convictions after holding that a defendant who refuses a court-ordered sanity evaluation waives any right to such an evaluation and cannot complain on appeal of its denial, and that a December 2022 incompetency finding was legally irrelevant to the separate question of the defendant’s sanity at the time of the offenses.

Texas Court of Appeals, Thirteenth District (Corpus Christi–Edinburg)
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Magnuson v. State — Trial Court Violated Defendant’s Faretta Right to Self-Representation at Deferred Adjudication Hearing

The Texas Thirteenth Court of Appeals reversed a ten-year deferred-adjudication conviction, holding the trial court violated Magnuson’s Faretta right to self-representation at the adjudication hearing when it denied his unequivocal request to proceed pro se—over the State’s delay-tactic objection—without making the required findings that the request was knowing, voluntary, and timely.

Texas Court of Appeals, Fifteenth District
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Texas State Board of Social Worker Examiners v. Youniacutt — Automatic License Bar for Violent Felony Convictions Survives Constitutional Challenge

The Texas Fifteenth Court of Appeals reversed the trial court and dismissed challenges to Texas Occupations Code § 108.052(2)’s automatic denial of social worker licenses to applicants with prior violent felony convictions, holding that the categorical disqualification survives rational-basis review under Patel because protecting vulnerable patients is a legitimate government interest and the bar is not oppressively burdensome.

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