“Did the court of appeals err in concluding that the enhanced penalty provision for sexual assault under Section 22.011(f) does not require proof of bigamous conduct and can be triggered solely by evidence that Petitioner was married at the time the offense was committed?”
1. “The court of appeals erred in concluding that section 22.011(f) of the Texas Penal Code requires the State to prove commission of an actual bigamy offense to elevate Appellant’s punishment range for sexual assault to a first-degree felony offense.” 2. “The court of appeals’ decision requirin...
“Is a prior conviction for family violence under Tex. Penal Code § 22.01(b)(2)(A) always a guilt issue simply because it can be, and often is, used as a jurisdictional element?”
1. “The court of appeals erred by concluding that a 112 day delay was presumptively prejudicial based on potential delay that had not yet occurred and by weighing the first Barker factor against the State.” 2. “The court of appeals erred by concluding that the State was responsible for the delay...
“Whether a defendant’s failure to admit the exact manner and means of an assault as set forth in a charging instrument is a sufficient basis to deny a jury charge on self-defense.”
“Did the court of appeals fail to apply to the standard of review correctly in conducting its Brady analysis?”
1. “The Fourteenth Court erred by holding that a magistrate could not infer from the warrant affidavit that an auto body shop would have a surveillance system. The Fourteenth Court held that before a magistrate could consider common knowledge, the matter must be ‘beyond dispute,’ a civil standar...
“Whether the court of appeals erred by striking down the verdict of the jury that Metcalf was guilty as a party to the sexual assault of her daughter, 1. by conflating the requirements of subsections 7.02(a)(2) and 7.02(a)(3) of the Texas Penal Code and thus imposing upon the State an additiona...
denotes a petition filled by SPA