- Areas of Practice
- Significant Cases
- Publications & Presentations
Morgan McPheeters joined Kelly, Durham & Pittard, LLP on March 2, 2015 as an associate.
Morgan grew up in the Four Corners area of New Mexico and graduated magna cum laude from New Mexico State University in 2011. Before attending law school, Morgan clerked for the Briones Law Firm, P.A. in Farmington, New Mexico.
In 2014, Morgan graduated cum laude from Baylor University School of Law with a concentration in business litigation. During law school, Morgan competed in moot court and was a quarter-finalist in the Federal Bar Association moot court competition. Morgan served as the Evidence Coach for Baylor’s American Association for Justice mock trial teams. She also consistently made the Dean’s List and received the Funderburk Evidence Award, an award given to the third year student doing the best work in the course of Evidence. Upon completing Baylor’s rigorous Practice Court program, Morgan served as a grader for the legal writing portion of the program.
Before joining Kelly, Durham & Pittard, LLP, Morgan clerked for Pakis, Giotes, Page & Burleson, P.C. and Haley & Olson, P.C., both in Waco, Texas. While with Haley & Olson, Morgan worked mainly on complex commercial and construction litigation.
Morgan is licensed to practice law in Texas state courts and in federal court in the Northern District of Texas, and in New Mexico.
TTLA Car Wrecks Seminar, Houston, Texas (March 3, 2016)
In a case of first impression, the court of appeals affirmed an order granting the expunction of records relating to an arrest for felony aggravated assault for which T.S.N. was subsequently acquitted. The State, claiming that the entire expunction statute is “arrest based,” argued that the records could not be expunged because, when T.S.N. was arrested, she was also arrested on a totally unrelated misdemeanor theft charge to which she ultimately pled guilty. The court of appeals rejected this “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.
Successfully defended Texas and Louisiana courts’ determination that, while Texas court had jurisdiction as the child’s “home state” under the Uniform Child Custody Jurisdiction and Enforcement Act, Louisiana court was the more convenient forum and therefore could exercise jurisdiction over child custody determination.
Affirming trial court’s denial of City’s plea to the jurisdiction arising out of injuries suffered when a City of Houston police dog attacked and injured a minor. The court of appeals held that use of the police dog was not an intentional tort, but the negligent use of tangible personal property for which the Texas Tort Claims Act waived immunity.
Upholding a post-answer default judgment in a divorce proceeding, where the appellant attempted to challenge the judgment on due process grounds, but failed to file a motion for new trial or introduce evidence satisfying the Craddock factors.
Affirming trial court’s ruling refusing to dismiss medical malpractice case based on the defendants’ challenge to the Chapter 74 expert reports.
Affirming summary judgment in favor of law firm and attorney in legal malpractice case arising out of the handling of a judicial forfeiture proceeding, where former client’s only evidence of causation was conclusory affidavit from attorney who claimed he had successfully handled other forfeiture proceedings in the past.
Upholding a default judgment in favor of a personal injury plaintiff, where the defendant attempted to challenge the judgment through a bill of review more than four years after the judgment was entered, claiming extrinsic fraud in the manner in which substituted service was executed.