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  • Larry Allen Mize v. the State of Texas

    Publication Date: 2012-04-30
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    Industry:
    Date Filed: 2012-04-27
    Court: Tex. App. Dist. 3
    Judge: Bob Pemberton, Justice
    Attorneys: For plaintiff:
    for defendant:
    Case Number: NO. 03-11-00445-CR

    MEMORANDUM OPINIONA jury convicted appellant Larry Allen Mize of the offense of theft. See Tex. Penal Code Ann. § 31.03(f)(3)(A) (West Supp. 2011). Punishment, enhanced by two prior

  • Swearingen v. State

    Publication Date: 2008-12-05
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    Date Filed: 2008-12-04
    Court: Tex. App. Dist. 3
    Judge: Bob Pemberton, Justice
    Attorneys: For plaintiff:
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    Case Number: 03-07-00556-CR

    OPINIONA jury convicted Tye Van Swearingen of murdering his wife, Stephanie. See Tex. Penal Code Ann. § 19.02(b) (West 2003). During the punishment phase of trial, Swearingen raised the mitiga

  • Jasek v. Texas Department of Family and Protective Services

    Publication Date: 2011-08-15
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    Date Filed: 2011-08-17
    Court: Tex. App. Dist. 3
    Judge: Bob Pemberton, Justice
    Attorneys: For plaintiff:
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    Case Number: NO. 03-10-00812-CV

    OPINIONThe principal issue presented in this appeal is what constitutes the "actual control" of a child that is required to establish standing to bring a suit affecting the parent-child re

  • Smith v. State

    Publication Date: 2012-01-23
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    Date Filed: 2012-01-20
    Court: Tex. App. Dist. 3
    Judge: Bob Pemberton, Justice
    Attorneys: For plaintiff:
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    Case Number: NO. 03-10-00725-CR

    OPINIONFollowing a bench trial, appellant Janeen Denise Smith was convicted of the offense of failure to identify and sentenced to 90 days' confinement in county jail. See Tex. Pen

  • Trudy's Texas Star, Inc. v. City of Austin

    Publication Date: 2010-03-15
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    Date Filed: 2010-03-12
    Court: Tex. App. Dist. 3
    Judge: Bob Pemberton, Justice
    Attorneys: For plaintiff:
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    Case Number: 03-07-00373-CV

    OPINIONThis case requires us to consider circumstances in which a municipality's regulatory discretion can be limited by estoppel or contract. Trudy's Texas Star, Inc. d/b/a South Congress Caf&

  • Hall v. State

    Publication Date: 2009-05-05
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    Date Filed: 2009-05-01
    Court: Tex. App. Dist. 3
    Judge: Bob Pemberton, Justice
    Attorneys: For plaintiff:
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    Case Number: Nos. 03-07-00626-CR, 03-07-00627-CR

    ON MOTION FOR REHEARINGOPINIONWe withdraw our opinion and judgment dated February 19, 2009, and substitute the following in its place. We overrule Hall's motion for rehearing and the State's "Su

  • Hall v. State

    Publication Date: 2009-02-20
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    Date Filed: 2009-02-19
    Court: Tex. App. Dist. 3
    Judge: Bob Pemberton, Justice
    Attorneys: For plaintiff:
    for defendant:
    Case Number: Nos. 03-07-00626-CR & 03-07-00627-CR

    OPINIONIn Pitonyak v. State, 253 S.W.3d 834 (Tex. App.--Austin 2008, pet. ref'd), this Court affirmed the conviction of Colton Pitonyak, an intermittent University of Texas student, for the murder

  • Beck v. Law Offices of Terry

    Publication Date: 2009-05-04
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    Date Filed: 2009-05-01
    Court: Tex. App. Dist. 3
    Judge: Bob Pemberton, Justice
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 03-07-00635-CV

    OPINIONAppellants, Gary G. Beck; Law Insurance Agency f/k/a The G. Beck Company d/b/a The Beck Company; The Beck Benefits Company; and John Mueller's Barbecue, Inc., appeal a district court judgmen