Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of October 31, 2011

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

State v. Kerwick,   No. 02-10-00312-CR    (Nov. 3, 2011)   (Walker, J., joined by Dauphinot and McCoy, JJ.).

Held:   The State failed to meet its burden at the suppression hearing to adduce facts proving under an objective standard, disregarding any subjective intent of the officer, that the officer's suspicion or belief that Appellee was violating the law was reasonable. Consequently, the trial court's ruling granting the motion to suppress comports with the requisites of Terry v. Ohio, the Fourth Amendment, and article I, section 9 of the Texas constitution.

Medlen v. Strickland,   No. 02-11-00105-CV    (Nov. 3, 2011)   (Gabriel, J., joined by Walker and Meier, JJ.).

Held:   Because an owner may be awarded damages based on the sentimental value of lost personal property, and because dogs are personal property, the trial court erred in dismissing the Medlens' action for intrinsic value damages for the death of their dog.

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