“The lower court erred in holding that an indictment for criminal attempt is fundamentally defective when it does not allege the constituent elements of the underlying offense attempted.”
“Are misstatements during a plea colloquy that a defendant’s sentences could be stacked enough to render a defendant’s plea involuntary without any record of what the defendant knew and why he pleaded guilty?”
1. “The court of appeals employed the wrong analysis, when reviewing the record to determine whether ‘voluntary intoxication’ instruction was an error to include in Appellant’s punishment – phase jury charge.” 2. “The inclusion of an 8.04(a) instruction at punishment violates the Due Process Clau...
1. “Has the court of appeals misapplied Blueford v. Arkansas by holding that two jury notes indicating the jury deadlocked on a lesser-included offense amount to an informal verdict of acquittal on the charged offense?” 2. “Do mere jury notes regarding a deadlock on a lesser-charge contain suffic...
1. “What is the standard of review for evaluating a claim of legally insufficient evidence on the State’s non-evidentiary burden of persuasion in a claim of self-defense/defense of others?” 2. “Whether the intermediate-appellate court erred when it determined that the State met its non-evidentia...
“Has a Fourth Amendment violation occurred, where a police officer approaches a vehicle passenger, after the passenger has exited the vehicle, and conducts a warrantless search of the passenger’s pockets, in the driveway of the passenger’s house?”
“Has a Fourth Amendment violation occurred, where a police officer approaches a vehicle passenger, after the passenger has exited the vehicle, and conducts a warrantless search of the passenger’s pockets, in the driveway of the passenger’s house?”
1. “The Court of Appeals decided an important question of state law in a way that conflicts with applicable decisions of the Court of Criminal Appeals when it found the State’s opening argument to constitute error.” 2. “The Court of Appeals decided an important question of state law in a way that...
denotes a petition filled by SPA