1. “Did the court of appeals err in concluding that §551.143 did not violate the First Amendment?” 2. “Did the court of appeals err in finding that §551.143 was not void for vagueness?”
“In finding the evidence legally sufficient, did the Sixth Court of Appeals fail to consider: was the jury rationally justified in finding guilt beyond a reasonable doubt?”
“Is possession with intent to deliver a predicate offense for engaging in organized criminal activity because it falls within ‘unlawful manufacture, delivery . . . of a controlled substance’ which is one of EOCA’s enumerated predicate offenses?”
1. “The First Court erred in holding the trial court abused its discretion in excluding impeachment evidence. As the dissenting justice pointed out, the appellant’s offer of proof failed to establish a causal or logical relationship between the excluded evidence and the witness’s alleged bias. Th...
“Is it unreasonable under the Fourth Amendment for an officer to rely on a driver’s implied consent to a blood draw when the driver was involved in an accident, there is probable cause to believe he is intoxicated, and where the driver’s own unconsciousness prevents the officer from effectively o...
1. “Does a defendant preserve error regarding juror unanimity when the instruction requested is both an incorrect statement of the law and would not have corrected the error complained of on appeal?” 2. “Does a defendant suffer harm when a jury charge allows for non-unanimous verdicts as to conta...
1. “Does a charging instrument that does not identify the defendant by name, but which is preceded by a caption that does identity the defendant by name, meet the jurisdictional requirement that a charging instrument name a ‘person’ as required by article V, §12(b) of the Texas Constitution?” 2. ...
1. Whether the right to a jury trial mandated by U.S. Const. Sixth and Fourteenth Amendments, and U.S. Const. art. III § 2, and the concepts set out by this Court in Apprendi and Blakely, is violated by the procedure utilized by the Court of Appeals, that is, a judicial finding of an element not ...
denotes a petition filled by SPA