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Texas 7th Court of Appeals

Texas 7th Court of Appeals, Child Custody, Civil Procedure, Family Law

Bracken v. Bracken — Default Divorce Judgment Reversed Because Pro Se Party Received No Notice of Trial After Attorney Withdrew Without Following Rule 10

automatic / June 9, 2026

The Seventh Court of Appeals reversed a post-answer default judgment in a divorce case, holding that a pro se defendant received no notice of the trial setting after her attorneys withdrew without serving her by certified mail as required by Rule 10, and that subsequent electronic-only service failed to comply with the trial court’s own notice order and could not trigger the Rule 21a presumption of receipt.

Texas 7th Court of Appeals, Criminal, Criminal Procedure

McGruder v. State — Defendant Who Refused Court-Ordered Sanity Evaluation Cannot Complain of Its Denial on Appeal

automatic / June 9, 2026

The Seventh Court of Appeals affirmed convictions after holding that a defendant who refuses a court-ordered sanity evaluation waives any right to such an evaluation and cannot complain on appeal of its denial, and that a December 2022 incompetency finding was legally irrelevant to the separate question of the defendant’s sanity at the time of the offenses.

Texas 7th Court of Appeals, Criminal, Criminal Procedure, Evidence

Nichols v. State — Threats Relayed Through Crisis Negotiators Satisfy Aggravated Assault on Public Servant; Felony Deadly Conduct Is Not a Lesser-Included Offense When Indictment Charges Exhibiting, Not Discharging, a Weapon

automatic / June 10, 2026

The Seventh Court of Appeals affirmed a fifteen-year conviction for aggravated assault on a public servant, holding that threats relayed through crisis negotiators to officers on scene satisfy the statute, and that felony deadly conduct is not a lesser-included offense of aggravated assault by threat where the indictment charges only exhibiting — not discharging — a weapon. The court modified the judgment to delete an attorney’s fees provision entered without the required finding of financial resources.

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