1. “Art. 36.22 of the Code of Criminal Procedure provides no person shall be permitted to be with a jury while it is deliberating. The petit juror affidavit admitted in Becerra’s Motion for New Trial hearing established the alternate juror was present and participated in deliberations and voted ...
ON COURT’S OWN MOTION1. “Whether Appellee voluntarily waived his right to counsel.” 2. “Whether Appellee clearly and unequivocally asserted his right to self-representation.” 3. “Whether the trial court violated Art. 1.051, subsections (f-2) and (g), of the Texas Code of Criminal Procedure.”
Kinney County’s Ground for Review“The Court of Appeals Erred by Basing its Opinion on the Holdings of the Habeas Court Without Determining Whether Such Holdings Were Correct.” Grounds Granted on the Court’s Own Motion1. “[W]hether the Kinney County Attorney was authorized to file a State’s appea...
1. “Did the Court of Appeals err in finding that the evidence was sufficient to convict Delarosa of Sexual Assault? a. Did the Court of Appeals err in finding that minority is a mental defect rendering consent invalid for the purposes of Sexual Assault? b. Did the Court of Appeals err in findin...
“The Fourteenth Court erred by holding that the Sixth Amendment Confrontation Clause applied to probation revocation proceedings. This holding conflicts with published holdings from four Texas courts of appeals and nine federal circuit courts, and with the federal Supreme Court’s explicit stateme...
“Is a child’s statement to police inadmissible if a magistrate begins the process to determine voluntariness under Tex. Fam. Code § 51.095(f) but never finishes it?”
“The court of appeals erred in finding egregious harm, where the record is clear that the jury understood that a conviction for the lesser included offense of attempted sexual assault would be based on Appellant’s attempted penetration of the victim’s sexual organ by Appellant’s sexual organ.”
“The Second Court of Appeals’s opinion that draws a determinative distinction under article 22.02 of the Texas Code of Criminal Procedure between the calling of a defendant’s name at a “courtroom door” as opposed to a “courthouse door” conflicts with every ot...
denotes a petition filled by SPA