When two indictments are consolidated for trial under Texas Penal Code § 3.02 and the first indictment is based on a statute that has been challenged via a pretrial habeas application, but the statute underlying the second indictment is not challenged, does consolidation impact the cognizability ...
In concluding that Appellant’s convictions for injury to a child causing serious bodily injury and injury to a child causing serious mental deficiency, impairment, or injury violated double jeopardy, did the court of appeals erroneously focus on the transaction rather than the result?
“Whether The Court Of Appeals Tenth District Erred In Holding The Evidence Legally Sufficient To Support Petitioner’s Conviction For The Offense Of Theft Of Cargo?”
“Whether the search warrant was facially valid because it incorporated the warrant affidavit, which specifically listed Appellant’s room as containing narcotics.”
“Contrary to this Court’s prior decision in this case, the court of appeals expressly defied the ordinarily applicable rules for examining a waiver of a defendant’s rights under Miranda and article 38.22 of the Texas Code of Criminal Procedure by applying the ‘cat out of the bag’ coercion theory ...
“The Court of Appeals erred by applying the incorrect prejudice standard to determine that the Appellant cannot meet his burden to show the outcome of his trial would have been different had he been correctly advised that only the jury could consider placing him on probation.”
1. “By holding that the evidence was legally insufficient to establish David’s identity as the individual who committed the offense when he was alone in a locked bathroom with the tampered-with evidence, the Court of Appeals erred by ignoring the circumstantial evidence establishing David’s ident...
“The appellate court erred by denying relief from the trial court’s abuse of discretion in not setting a personal bond or reducing Lanclos’s bond to an amount affordable to him, which the Code of Criminal Procedure clearly requires as relief.”
denotes a petition filled by SPA