(1) “By holding that before a pretrial facial challenge to the constitutionality of a statute is cognizable, a favorable resolution of the challenge must result in immediate release on all charges in the indictment, the Eighth Court of Appeals has decided an important question of state law tha...
“Was the indictment dated July 9, 2021 for an offense alleged to have occurred on July 7, 2019, returned within the two-year limitations period set forth in 12.02(a) of the Code of Criminal Procedure?”
“Should this Court find the Fifth Court of Appeals’ opinion in Ranger from 2010 is wrongly decided and conflicts with precedent from this Court in Dees and Safety National?”
“Even assuming the statutory construction of ‘conceal’ was correct, the court of appeals misapplied the applicable standard of review because any ‘highly fact specific’ analysis required the court of appeals to defer to the factfinder under the Jackson v. Virginia standard.”
“Is it reversible error to allow the State to argue that maintaining his innocence is evidence of a defendant’s guilt?”
“The Court of Appeals erred in concluding that a pretrial facial challenge to the constitutionality of a statute requires the requested relief to result in immediate release on all charges.”
“In the context of a pretrial writ of habeas corpus challenging the facial constitutionality of a statute, does ‘immediate release’ apply to the charge or entirety of the prosecution?”
DEFENSE’S GROUNDS 1. “Can police lawfully detain someone for violating a law that is suspended by the governor under the Texas Disaster Act?” 2. “Is the governor required to issue an executive order and file it with the secretary of state in order to invoke the suspension-of-laws provis...