Pending PDR Cases

9/24/2025

1. “Since the appeal was abated, can this Court review the decision below, or is it effectively prevented from ever reviewing the statutory issue?

   Was any error jurisdictional requiring abatement? 

   If abatement was required, was the decision interlocutory? 

2. Under Article 42.03 of the Code of Criminal Procedure, does “presence” mean physical presence in the courtroom or is videoconference allowed?
3. Assuming error, is a defendant harmed simply because he heard his sentence over videoconference rather than in person?
4. Assuming harmful error, is an entirely new sentencing hearing required when Article 42.03 only instructs that the sentence be pronounced in the defendant’s presence?”

9/24/2025

“Article V, Section 7 of the Texas Constitution gives district judges ‘judicial Power’ to hear and determine felony cases. Associate judges have no ‘judicial power.’ Nevertheless, the Legislature has authorized associate judges in Harris County to conduct voir dire and determine the makeup of a jury. Is the selection of a jury an ultimate judicial determination that only a district judge can make?”

7/30/2025

1. “Does testimony of a narrowly limited portion of an interview mislead jurors and necessitate the admission of more of the interview to answer broader, unasked questions under Rule 107?” 
2. “What standard for harm should be used when evaluating error regarding admissibility of evidence?” 

07/02/2025

1. “On Remand, Did The Court Of Appeals Correctly Decide Whether, And Under What Circumstances, Any Defendant-Including The Appellant (Lennox)-Might Raise A Claim That He Was Being Prosecuted Under The Wrong Statutory Subsection [32.21(e1)]-As This Court Directed In Green v. State, 682 S.W.3d 253, 278 (Tex. Crim. App. 2024)-Or, Upon 'De Novo' Review, Was Error Not Preserved On This Important Question Of State Law?”
2. “On Remand, Did The Court Of Appeals In Lennox Correctly Apply The Standard Of Review For Alleged Jury-Charge Error?”  

7/2/2025

“The Court of Appeals erred by approving the trial court’s decision to allow the State to use illegally obtained evidence through its insanity expert because: (1) McDonald’s  objection to the testimony and behavior of the State’s insanity expert was properly preserved and presented on appeal; and (2) the constitutional harm of the testimony was proven. (Issue 6)”

6/11/2025

State represented by SPA

“Does a Special Ranger commit impersonation and have the requisite intent to violate Tex. Pen. Code § 37.11 when arriving in his designated uniform while assuming he had authority to conduct an investigatory interview?”

6/11/2025

State represented by SPA

“Does a jury instruction on self-defense using deadly force preclude one on necessity? (Memorandum Opinion below, p. 5-6)”

5/28/2025

State represented by SPA

1. “Should Cook v. State, 884 S.W.2d 485 (Tex. Crim. App. 1994), be overruled to the extent it holds that failing to limit the mental state definitions to the right conduct-element is error even when the jury charge otherwise leaves no doubt what the mental state requires?”
2. “Should failure to limit the abstract definition result in some harm in the absence of anyone telling jurors they could convict on something less than the offense requires?”  

5/21/2025

“Whether the 13th Court of Appeals’ mischaracterization of evidence resulted in an erroneous decision which ‘has so far departed from the accepted and usual course of judicial proceedings . . . as to call for an exercise of the Court of Criminal Appeals’ power of supervision.’”

5/07/2025

4/23/2025

1. “Is Penal Code section 46.02, which says it is unlawful for a person to carry a gun outside of his house, unconstitutional in light of the Supreme Court’s opinion issued in Bruen?”
2. “If so, does a trial court err by instructing jurors that they cannot find a defendant was justified in using force if they believe the defendant violated this unconstitutional statute?” 

4/16/2025

“The Fourteenth Court erred not to apply the natural meaning of the word ‘only’ in the current version of Article 42A.751(i).” 

4/09/2025

State represented by SPA

1. “What role, if any, do a defendant’s personal experiences play in the determination of whether his perception of imminent harm under Tex. Penal Code § 9.22(1) is reasonable?”
2. “Are the reasonableness of both a defendant’s perception of necessity and his response wholly within the discretion of the jury, or can a court decide either is unreasonable as a matter of law?” 
3. “Must a harm analysis for charge error consider the likelihood that the outcome would have been different had the jury been properly instructed?”
4. “Was appellant entitled to an instruction on necessity and, if so, a new trial?”

4/09/2025

“The Fifth District Court of Appeals' finding that trial counsel's deficient performance did not prejudice Cervantes is error because the court used the wrong standard of review.” 

3/12/2025

1. “The court of appeals too narrowly construed its authority under Rule 43.2(b) of the Texas Rules of Appellate Procedure to modify judgments where there has been an omission in the judgment.”
2. “The court of appeals erred to limit the “statute of offense” field in a judgment to only elements of the underlying criminal offense where entry of ‘Sec. 22.021(f)’ was necessary for the lawful execution of a judgment under Art. 42.01 and calculation of an inmate’s parole eligibility per Govt. Code Sec. 508.145(a).”
3. “The court of appeals erred to conclude that the recital that ‘the victim or intended victim was younger than 6 years of age at the time of the offense’ was a sufficient affirmative finding for purposes of Govt. Code Sec. 508.145(a).”

03/12/2025

“Whether the court of appeals erred when held that McDonald enjoyed a Sixth Amendment right to counsel ten years after an initial investigation resulted in a grand jury no-bill?”

02/26/2025

State represented by SPA

1. “Does ‘inducing a child to engage in sexual conduct’ for purposes of sexual performance by a child require the child’s consent or some measurable degree of participation?”  
2. “If the evidence was insufficient to prove the completed offense, did the court of appeals properly state and apply the standard for reformation to attempted sexual performance by a child?” 

01/29/2025

1. “The lower court’s opinion arguing that the plain-view doctrine is equivalent to standing and can be raised for the first time on appeal creates a split amongst the appellate courts that must be resolved by this Court. State v. Elrod, 395 S.W.3d 869 (Tex. App.—Austin 2013)[.]”
2. “Is the plain-view doctrine equivalent to a standing issue that falls within the waiver exception, allowing the State to raise it for the first time on appeal?”
3. “Did the appellate court afford the trial court proper deference in overturning its order based on a legal theory the trial court was not given an opportunity to rule on?”
4. “Did the appellate court erroneously apply the plain-view doctrine?”
5. “Did the appellate court erroneously apply the independent source doctrine?”
6. “Did the appellate court err in overruling the trial court’s finding that the arrest warrant for possession was not supported by probable cause?”
7. “Did the appellate court err in finding the trial court owed the magistrate’s finding deference where the warrant affidavit was based on illegally obtained information?”

01/29/2025

“A majority of the court of appeals erred in finding that the lead detective was not reasonable in believing that Appellee’s mother had apparent authority to consent to the search of her apartment, including Appellee’s bedroom.”

01/22/2025

State represented by SPA

1. “Can a court determine that the State’s use of immunized testimony violated Kastigar v. United States, 406 U.S. 441 (1972), without knowing the substance of that immunized testimony?”
2. “What is the proper framework to use for presentation and review of a Kastigar claim, including invocation, burden of proof, harm analysis, and remedy?”

01/22/2025

1. “Whether the lower court misapplied Romero v. State, 173 S.W.3d 502 (Tex. Crim. App. 2005), in finding that the trial court’s masking policy violated the Confrontation Clause.” 
2. “Whether the lower court improperly presumed harm simply because the State ‘did not substantively address the issue of harm in its brief.’” 

01/22/2025

“Did the court of appeals error in holding that must apply a mechanical, strict requirement that inventory searches ‘must not deviate’ in any detail from department policy?”

01/15/2025

State represented by SPA

Does the intrusion of a drug dog’s nose through the open window of a car during a free-air sniff violate the Fourth Amendment or require exclusion of any evidence found?

12/18/2024

State represented by SPA

1. “Whether the Court of Appeals erred in finding that the Petitioner failed to satisfy the Strickland test for ineffective Assistance of Counsel Claim.”
2. “Whether the Court of Appeals erred in finding that the record lacked any showing the need for an expert.”

11/20/2024

1. “Did the appeals court lose jurisdiction when Stephen Tyler, an assistant district attorney of Jackson County, rather than Pamela E. Guenther, the elected district attorney of Jackson County, filed the notice of appeal?”
2. “Did the appeals court regain its jurisdiction when the elected district attorney filed its corrected notice of appeal, January 29, 2024, 41 days after the trial court’s order of December 19, 2023 granting Petitioner a new trial?”
3. “Did the appeals court err, April 19, 2024, when it, by an order en banc, denied Petitioner’s motion to dismiss State’s appeal for want of jurisdiction?”

10/25/2023

State represented by SPA

1. “Did the 10th COA error (sic) in holding the evidence legally sufficient because ‘[Petitioner] jumped out the vehicle and attempted to connect the brake lines and lights, constituting an activity in which he possessed stolen cargo?’”
2. “Did the 10th COA misconstrue section 31.18(b)(1) of the Penal Code, when the lower court read and applied ‘an activity’ in isolation; and thus, failed to read the term in the context of the entire statute?”
3. “What type of ‘activity’ would suffice to satisfy the statute’s requirements?”

06/05/2024

“Did the court of appeals err in holding that the jury need only find the defendant acted recklessly to convict him of aggravated robbery under the ‘intent to promote or assist’ theory of party liability?”

08/23/2023

1. “Can appellate jurisdiction be ‘substantially’ invoked by an appeal bond that does not comply with all statutory requirements?”
2. “Did the court of appeals err when it interpreted ‘may’ to mean ‘shall’ in Code of Criminal Procedure article 44.15, depriving appellate courts discretion by requiring them to allow amendment or substitution of defective appeal bonds?”

08/21/2024

“Did the appellate court misapply the legal sufficiency standard of review by:

• crediting Appellant’s self-serving testimony which the trial court reasonably could have disregarded; and/or
• resolving an ambiguity in Appellant’s testimony in Appellant’s favor; and/or
• reweighing evidence in favor of the defense; and/or
• ignoring evidence that supported the verdict; and/or
• applying sufficiency analyses long rejected by this Court; and/or
• failing to view the evidence in the light most favorable to the verdict[?]”

08/21/2024

“The Second Court of Appeals decided an important question of federal law that is not settled by the Court of Criminal appeals when it held that Appellant’s Fourteenth Amendment due process right was not violated by having a virtual hearing on a motion to adjudicate guilt and subsequent sentencing hearing despite his request to be physically present before and during the proceedings.”

4/26/2023

State represented by SPA

STATE’S PDR

1. “Does a court of appeals have the authority to abate for an out-of time motion for new trial and preemptively compel a hearing thereon?”
2. “The court of appeals’s review of the trial court’s ruling was procedurally and substantively defective.”

APPELLANT’S PDR

1. “Did the court of appeals misconstrue plain view to permit an inadvertent vantage point rather than a lawful vantage point?”
2. “Does a person’s limited consent encompass an officer inadvertently exceeding the scope of that consent?”

9/07/2022

1. “Did the appellate court error (sic) in holding that the necessity defense does not apply to a defendant who provokes the difficulty?”
2. “If the defense of necessity can be denied based on the defendant provoking the difficulty, did the appellate court error (sic) in finding that Appellant’s conduct provoked the difficulty in this case?