(Download) "State v. Bhat" by In the Court of Appeals Fifth District of Texas at Dallas " Book PDF Kindle ePub Free
eBook details
- Title: State v. Bhat
- Author : In the Court of Appeals Fifth District of Texas at Dallas
- Release Date : January 18, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
REVERSE and RENDER OPINION The State of Texas appeals the trial court's order expunging all records relating to appellee's arrest for assault. In three points of error, the State argues (1) appellee failed to prove up his Petition for Expunction (the ""Petition""), (2) the evidence is legally insufficient to support the trial court's order, and (3) the evidence is factually insufficient to support the trial court's order. For the reasons discussed below, we reverse the trial court's order and render judgment denying appellee's Petition. On March 13, 2003, appellee's wife called 911 when she and appellee were having an argument. Police from the University of Texas at Dallas (""UTD"") were dispatched to appellee's home, and appellee was arrested for assault-family violence. On June 16, 2003, appellee filed his Petition; the trial court held a hearing on the Petition on August 4, 2003. At the hearing, appellee testified there had been no assault on March 13th and that his wife had called 911 by mistake when trying to call her parents in India. Appellee's wife also testified at the hearing. She testified her husband had been dialing her parents for her, but he dialed 911 by mistake. She testified she had filed a ""non-prosecution form"" with the UTD police and that the investigating officer had assured her he would not be prosecuting appellee. No charges had been filed against appellee at the time of the hearing. On August 4, 2003, the trial court granted the Petition and entered the Order of Expunction.
 "State v. Bhat" by In the Court of Appeals Fifth District of Texas at Dallas " Book PDF Kindle ePub Free){kind=link}