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    Chief Justice Martinez provides first 4th Court Update of 2021
    Michael Ritter
    • Jan 21, 2021
    • 1 min

    Chief Justice Martinez provides first 4th Court Update of 2021

    Today, Chief Justice Rebeca C. Martinez provided a Fourth Court Update for the Appellate Section of the San Antonio Bar Association. The Chief addressed new protocols and judicial efforts after the 2020 ransomware attack, as well as the soon-to-be newest addition to the court, Judge Lori Valenzuela, and other updates.
    3 views0 comments
    Judge Valenzuela Appointed to the 4th Court
    Michael Ritter
    • Jan 12, 2021
    • 1 min

    Judge Valenzuela Appointed to the 4th Court

    Governor Greg Abbott has appointed Lori I. Valenzuela to the Fourth Court of Appeals for a term set to expire on December 31, 2022, or until her successor shall be duly elected and qualified. Judge Valenzuela has served as the judge of Bexar County’s 437th District Court since 2009.
    7 views0 comments
    4th Court rejects facial vagueness challenge to a statute criminalizing drugs that are “unsafe
    Michael Ritter
    • Jan 6, 2021
    • 1 min

    4th Court rejects facial vagueness challenge to a statute criminalizing drugs that are “unsafe

    In Ex parte Jarreau, the 4th Court overruled a facial constitutional challenge to Texas Health & Safety Code provisions criminalizing “dangerous drugs.” The dissent would have held the “catch-all ‘unsafe for self-medication’ portion of the definition of a ‘dangerous drug’ in the Dangerous Drug Act is unconstitutionally vague on its face.”
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    ALL HANDS ON DECK– INSURANCE: How does a mechanical breakdown exclusion apply? Infinity County Mutua
    Michael Ritter
    • Jan 4, 2021
    • 1 min

    ALL HANDS ON DECK– INSURANCE: How does a mechanical breakdown exclusion apply? Infinity County Mutua

    In Infinity County v. Tatsch, the 4th Court granted en banc review. In a prior opinion, the panel applied, for the very first time, a mechanical breakdown exclusion in an automobile policy. The injection of contaminated fuel damaged the insured’s truck. The panel majority originally held the mechanical breakdown exclusion applied; the dissent would have held the exclusion did not apply. On en banc review, the majority held neither party presented sufficient summary judgment e
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    The 4th Court rules an automatic life sentence without parole is cruel and usual for intellectually
    Michael Ritter
    • Jan 4, 2021
    • 1 min

    The 4th Court rules an automatic life sentence without parole is cruel and usual for intellectually

    The 4th Court granted en banc review in Avalos v. State. In Avalos, the defendant, an intellectually disabled person, was charged with two counts of capital murder. He pled no contest, and the death penalty was not imposed. Texas Penal Code section 12.31(a)(2) required the imposition of an automatic life sentence without parole for each conviction. Avalos and the State stipulated Avalos was intellectually disabled. The trial court denied Avalos’s request for an individualiz
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    The 4th Court clarifies reversal and rendition is ordinarily proper when the evidence is legally ins
    Michael Ritter
    • Jan 4, 2021
    • 1 min

    The 4th Court clarifies reversal and rendition is ordinarily proper when the evidence is legally ins

    In In re JMT, the 4th Court issued a supplemental opinion on en banc review to overrule prior decisions in which panels had held the evidence was legally insufficient to support an order terminating parental rights, but reversed and remanded for a new trial without explanation. In JMT, the 4th Court clarified reversal and rendition of the judgment the trial court should have rendered must be the appellate disposition, unless the court expressly addresses the “interest of just
    2 views0 comments
    Rebeca C. Martinez sworn in as the 4th Court’s new Chief Justice
    Michael Ritter
    • Jan 1, 2021
    • 1 min

    Rebeca C. Martinez sworn in as the 4th Court’s new Chief Justice

    Today, Rebeca C. Martinez was sworn in as Chief Justice of the 4th Court. Chief Justice Dori Contreras of the 13th Court of Appeals administered the Oath of Office, and Chief Justice Martinez was joined by her husband, David. Several justices and staff of the 4th Court, other judges in the 4th Court’s district, and friends and family of Chief Justice Martinez attended virtually. Congratulations to Chief Justice Martinez!
    2 views0 comments
    4th Court’s December 2020 Cases – 38 Civil, 25 Criminal
    Michael Ritter
    • Jan 1, 2021
    • 1 min

    4th Court’s December 2020 Cases – 38 Civil, 25 Criminal

    In December 2020, the 4th Court issued opinions in 38 civil cases and 25 criminal cases. To see the full list of issued opinions or to read them, please visit http://www.search.txcourts.gov/DocketSrch.aspx?coa=coa04 12-2 12-9 12-16 12-23 12-30
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    © Michael J. Ritter

    DISCLAIMER

    The information provided on this blog is not legal advice, and is only general information.  Due to the timing of publishing blogs and the ever changing nature of the law, depending on the time you are reading a post, the information may not be the up-to-date legal information. Please see an attorney to obtain advice with respect to any particular legal matter.  No reader should act or refrain from acting on the basis of information on this blog without first seeking legal advice from an attorney in the relevant jurisdiction and subject matter. Access to this blog does not create an attorney-client relationship with the reader.