“Is a claim that counsel misadvised a defendant about the deportation consequences associated with a guilty plea cognizable on habeas despite Ex parte De Los Reyes’ holding that Padilla does not apply retroactively on habeas?”
“Can the felonies of reckless or criminally negligent injury to a child or reckless or criminally negligent child endangerment underlie a felony-murder conviction when the act underlying the felony and the act clearly dangerous to human life are one and the same?”
1. “Where, regardless of whether the shock-probation order was ‘original’ or ‘amended,’ because it is a type of order identified as appealable under the plain language of article 44.01, and because the State’s notice of appeal was filed within 20 days from the amended order’s entry, the Eighth Co...
“Did Appellant voluntarily, knowingly and intelligently waive his right of appeal by signing a boilerplate waiver?”
1. “In light of significant statutory changes, does Nelson v. State have continued validity when interpreting § 21.11 of the Texas Penal Code?” 2. “Under § 21.11 of the Texas Penal Code, what is a ‘breast’?”
“Whether this Court should explicitly overrule Tarver and the concept of state collateral estoppel since collateral estoppel should not bar the State from prosecuting a criminal offense following to an adverse finding at a probation revocation hearing.”
“The court of appeals erred in affirming the trial court's judgment because the evidence presented at trial was sufficient to satisfy the statutory standard of ‘some evidence’ necessary to require a ‘formal competency hearing.’”
1. “Is expert opinion testimony that a defendant holds himself out as a gang member—without proof he is one—relevant to sentencing?” 2. “In assessing harm, did the court of appeals err in failing to isolate the opinion testimony from the properly admitted photographs on which that opinion was b...
denotes a petition filled by SPA