“Does unlawful carrying a weapon by a gang member, Tex. Penal Code § 46.02(a-1)(2)(C), require proof the defendant was continuously or regularly committing gang crimes?”
(1) “Under the Drug Free Zone statute, is an area with play equipment presumed to be ‘open to the public’ freeing the State from having to produce legally sufficient evidence at trial?” (2) “Did the 13th Court of Appeals err by improperly analyzing the record for legally sufficient evidence pro...
1. “Did the Court of Appeals err when it conducted a purely de novo review of the trial court’s denial of a motion for mistrial for an alleged Brady violation, a ruling which is traditionally reviewed for an abuse of discretion?” 2. “In concluding that the non-disclosed evidence in this case was ...
“The court of appeals erred where it held the evidence to be sufficient to prove the use of a deadly weapon where the alleged weapon was not used in a way that was capable of causing death or serious bodily injury.”
“The lower court misapplied the standard of review in this case. Specifically, the panel in this case assumed the role of fact-finder rather than viewing the evidence in the light most favorable to the verdict.”
“Is a summary reversal warranted when the lower court violated an absolute requirement by applying law not applicable to the case, i.e. the punishment-phase sudden passion issue, not in effect until 1994, to a first-degree murder committed in 1991?”
1. “The Court of Appeals erred when it held appellant’s actions invoked the forfeiture by wrongdoing doctrine in violation of the sixth amendment’s right to confront one’s accuser: is not knowing the location of a witness wrongdoing – especially if the State was able to serve the witness with a s...
“What is the unit of prosecution for failure to appear, Tex. Penal Code § 38.10?”
denotes a petition filled by SPA