Congratulations to KD&P associate Morgan McPheeters for successfully defending an expunction order obtained by Jeremy Rosenthal, of Rosenthal & Wadas, on behalf of his client in Collin County. The order at issue expunged records relating to an arrest for felony aggravated assault for which the client was subsequently acquitted. The State, claiming that the entire expunction statute is “arrest based,” argued that the records could not be expunged because, when the client was arrested, she was also arrested on a totally unrelated misdemeanor theft charge to which she ultimately pled guilty. In a case of first impression, the court of appeals rejected the State’s “arrest-based” interpretation, concluding that, based on the plain language of article 55.01(a)(1) of the Code of Criminal Procedure, a guilty plea to a wholly unrelated offense does not prohibit the expunction of records related to the acquitted offense, even where the arrest arises out of both. You can read the opinion here.
Congratulations to Maria Wormington of Wormington & Bollinger and Christy Wollin and Peter Kelly of Kelly, Durham & Pittard for an excellent appellate win in the Fort Worth Court of Appeals in which the court held that the lower standard of care—“wilful and wanton”—applicable in hospital emergency rooms does not apply to healthcare provided to expectant mothers being treated in an obstetrical unit. The opinion can be found here. Peter Kang, with Law360, wrote an article about the opinion. You can read that article here.