1. “Did the court of appeals err in finding that Texas Penal Code Section 43.262 is a content-based regulation of protected speech that fails strict scrutiny?” 2. “Did the court of appeals err in considering Texas Penal Code Section 43.262’s constitutionality under the First Amendment overbreadt...
1. “Once a witness learns the meaning of a phrase from other people is the meaning of that phrase thereafter part of the personal knowledge of the witness which the witness can then testify to without violating the Confrontation Clause?” 2. “Are non-hard science expert witnesses required under t...
1. “Did the special prosecutor lack standing or authority to prosecute alleged misdemeanor violations of the Election Code and Government Code without the referral from the TEC required by Texas Government Code § 571.171?” 2. “Was Appellant deprived of due process when the District Attorney’s of...
1. “Whether the majority opinion fails to defer to the strong presumption that trial counsel’s decision not to pursue a sudden passion instruction fell within the wide range of reasonably professional assistance?” 2. “Whether the majority opinion’s harm analysis improperly disregards the effect...
1. “Is the fact of a witness’s inconsistency coupled with the jury’s prerogative to disbelieve part of his testimony affirmative evidence that supports submission of a lesser-included offense?” 2. “While evidence can be ‘weak, impeached, or contradicted’ and still raise a lesser-included offens...
1. “Did the trial court have jurisdiction to hold a trial while the State’s petition for discretionary review was pending in this Court?” 2. “Are speedy trial claims cognizable on pretrial habeas if the applicant asks for a speedy trial rather than dismissal?” 3. “Did the court of appeals impro...
“Did the Fourth Court of Appeals misapply the Brooks/Jackson standard for determining the legal sufficiency of the evidence by improperly reweighing the evidence and reassigning veracity in an erroneous attempt to follow the U.S. v. Dost factors?”
1. “Is the statutory right to withdraw a waiver of counsel under article 1.051(h) absolute or subject to restrictions?” 2. “What admonishments does Faretta (or article 1.051) require for a defendant who initially contests guilt but later pleads guilty?” 3. “Did the court below correctly conclud...