“From the appellate court’s statutory construction of Section 32.21(e-1) of the Texas Penal Code, there was no jury-charge error; but more importantly, this Court should resolve a jurisdictional conflict that now exists in Texas law as to how county and district attorneys in the State of Texas sh...
1. “The Fourteenth Court erred by holding a trial court cannot grant a jury’s request for a transcript of disputed testimony.” 2. “The Fourteenth Court erred by conducting a harm analysis that did not consider the strength of the State’s evidence, the weakness of the defense, or the fact that the...
1. “Whether, if the Attorney General has the authority to prosecute this case under § 273.021, the statute’s grant of prosecutorial authority violates the separation of powers requirement in the Texas Constitution.” 2. “Whether the Attorney General has the authority to prosecute ‘election law’ ca...
“Can harmlessness be presumed from a silent record when a defendant has been denied his constitutional and statutory rights to be present during a pretrial proceeding?”
1. “The court of appeals erred in holding the trial judge abused her discretion in admitting into evidence two of appellant’s prior cocaine convictions in order to prove appellant’s knowledge and/or intent with regard to the cocaine recovered in the charged offense, even after a defense witness c...
1. “State’s Exhibit 177 was Admissible Under Article 37.07, § 3(a)(1) Because it was ‘Relevant to Sentencing’ and the Fourteenth Court of Appeals Erred in not Being Guided by the Language of the Statute.” 2. “If State’s Exhibit 177 was Admitted in Error, the Fourteenth Court of Appeals Erred in F...
“Did the First Court of Appeals err by acting as factfinder in appellant’s 11.072 habeas proceeding? Unlike the Court of Criminal Appeals in an Article 11.07 writ, the 1st Court of Appeals’ role in an Article 11.072 writ is purely that of an appellate court. Consequently, the question before the ...
1. “Whether prior possession and use of contraband may be admitted to prove knowledge of contraband and intent to possess contraband under Rules 403 and 404(b) of the Texas Rules of Evidence.” 2. “Whether prior possession and use of contraband may be admitted under Rules 403 and 404(b) of the Tex...
denotes a petition filled by SPA