"Is the 'right' not to be subjected to improper jury argument forfeitable?" "Is there a word so inflammatory that its mere mention in closing arguments incurably taints the entire trial?"
"The Court of Appeals held that Mr. Beck had forfeited his right to challenge on habeas review the constitutionality of Texas Penal Code Section 21.12(a)(3), the statute of conviction, because he did not raise the issue at trial or on appeal. In dicta, the lower court implied that if the issue ha...
"Is the evidence sufficient to prove aggravated assault with a deadly weapon when the State proves the offense alleged in the indictment, but there is a variance between the pleadings and proof as to the specific deadly weapon?" "If, in the course of single criminal episode, Appellant assaults...
"The trial court's failure to require an election by the State should not have resulted in a reversal when the testimony regarding multiple incidents of abuse was admissible, the descriptions of each incident were essentially the same, the jury was charged on only one offense, and the appellant's...
"Whether there was probable cause to search Appellant's vehicle under the automobile exception to the warrant requirement when he entered a bar where narcotic activity was suspected, left three to five minutes later, and made 'furtive gestures' when police surrounded him to make a traffic stop?"
1. "Did the court of appeals err in finding exigent circumstances existed? 2. "Can law enforcement create their own exigent circumstances?"
"The Ninth Court of Appeals misapplied the standard set forth in Riley v. State, 378 S.W.3d 453 (Tex. Crim. App. 2012), when it ignored the trial court's ability to disbelieve the affidavits provided in support of the appellant's motion for new trial and concluded the appellant established he w...
"Whether a shopper's concealing merchandise inside her purse in a shopping cart gives rise to probable cause to arrest her for theft?" "Whether a Suspect's innocent but unverifiable explanation for otherwise highly suspicious conduct negates probable cause? In particular, whether a shopper's c...
denotes a petition filled by SPA