Criminal

The Austin Police Department reported that it made 73 DWI arrests over the Fourth of July holiday weekend this year, which was a “No Refusal” blood alcohol test weekend across the state.  APD reported that 27 arrests were made on Friday, 13 on Saturday, 19 on Sunday, and 14 on Monday (July 4th). Last year only 25 DWI arrests were made during the holiday weekend.

Approximately 213 Texas law enforcement agencies participated in the “No Refusal” initiative during the holiday weekend. Both Read More …

Civil

In Texas, must a landlord provide air conditioning, even if the lease does not specify that the landlord will provide air conditioning? Some folks are pondering this question in light of the extraordinary heat waves that have lingered over the great state in the last month. Section 92.052 of the Texas Property Code provides that if an “ordinary tenant” would be affected by a condition that “materially affects [their] physical health or safety,” that condition must be remedied by the Read More …

Criminal

An opinion delivered by the Texas Court of Criminal Appeals (Johnson) in Ex Parte Bohannan on May 11 will surely lead to changes in the delay (in certain circumstances) of a parolee’s preliminary hearing after arrest for a parole violation, even though the instant case was properly dismissed by the Court. The parolee in this case was denied a timely preliminary hearing (i.e., within 30 days) by the Texas Department of Criminal Justice as required by § 508.2811 of the Read More …

Civil

Some people get very annoyed about what they believe are frivolous or extremist lawsuits, or lawsuits with a seemingly disproportionate award of damages (the hot coffee-McDonald’s comes to mind). Some of the lawsuits that fall into these categories may well be only fodder for late night monologues, but others may serve the important purpose of keeping “systems” in check and tweaking the law until it becomes “the most just” that it can be on the balance.

Trying to put the recent Read More …