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 ...
STATE’S GROUND “Did the court of appeals have jurisdiction over Sinclair’s appeal?” GRANTED ON THE COURT’S OWN MOTION “In a proceeding under Article 11.072 of the Code of Criminal Procedure, does a trial court have jurisdiction to rule on a motion to reconsider after the trial court has ...
(1) “Has the State’s statutory duty to disclose evidence ‘as soon as practicable’ been violated if the prosecutor fails to disclose an item of evidence the D.A.’s Office does not know exists but that has been in police custody for months?” (2) “If so, does the trial court have authority to impose...
1. “The Fourteenth Court erred when it held that it would violate due process for the court to take judicial notice that the science behind DNA is valid.” 2. “The Fourteenth Court erred when it held that a DNA profile run in accredited laboratory is not something upon which an expert may rely in ...
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 appeal...
“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...
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 overbreadth...
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 off...
denotes a petition filled by SPA