“Texas Penal Code section 42.07(a)(7) is a content-based restriction that restricts a real and substantial amount of speech as protected by the First Amendment; speech which invades privacy interests of the listener has never been held by the United States Supreme Court to be a category of unprot...
1. “Can an officer’s attempt to detain or arrest a suspect, which is otherwise lawful, be tainted by an earlier illegality and thereby negate evading’s lawful-arrest-or-detention element, just as evidence is tainted under fruit-of-the-poisonous-tree?” 2. “Will discovery of an arrest warrant nece...
“The Court of Appeals erred by finding that the evidence was legally sufficient to find Appellant guilty of interfering with child custody because the State failed to prove beyond a reasonable doubt that Appellant knowingly violated the express terms of a judgment or order when Appellant was neve...
“When a defendant is charged with ‘assault by occlusion’ pursuant to Tex. Penal Code § 22.01(b)(2)(B), does the denial of occlusion and admission to causing different injuries entitle him to an instruction on simple assault?”
1. "The Court of Appeals erred in holding the State's petition to obtain the Appellant's cell phone records set forth the "specific and articulable facts" required by federal law under 18 U.S.C. section 2703(d)." 2. "The Court of Appeals erred in holding the State’s acquisition of Petitioner’s hi...
1. “Based on these facts, does the Twelfth District Court of Appeals’ decision conflict with Kelly v. State, for granting Counsel’s motion to withdraw and declaring the appeal frivolous, without first satisfying Petitioner’s express request to gain access to the appellate record in order to meani...
1. “Did the court of appeals err in holding that misdemeanor assault by striking in the face was not a lesser-included offense of family violence assault by impeding breath or circulation?” 2. “Do multiple physical injuries inflicted in a single attack constitute separately actionable crimes of a...
“In holding the evidence legally insufficient to support the defendant’s conviction for failing to register, specifically, that the State failed to prove that the defendant had a duty to register with the El Paso County Sheriff’s Office, where there was at least ‘some evidence’ (and specifically,...
denotes a petition filled by SPA