“The Court of Appeals erred in holding that evidence of a high level of cocaine in a child’s body alone is sufficient to prove that the child suffered ‘serious mental deficiency, impairment or injury,’ as required for conviction of injury to a child.”
“[T]he decision of the Fifth District Court of Appeals to uphold his conviction holding to John[son] v. State 72, S.W.3d 346, 347(Tex.Crim.App.) is in conflict with other Court rulings [and] based on the circumstances of Rios’s case the Court of Appeals should have held to State EX Rel Curry v. C...
“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?”
In concluding that Appellant’s convictions for injury to a child causing serious bodily injury and injury to a child causing serious mental deficiency, impairment, or injury violated double jeopardy, did the court of appeals erroneously focus on the transaction rather than the result?
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 conclude ...
“Did the jury charge in a case that involved autoerotic asphyxiation that led to the death of one of the participants and a conviction of murder for the other participant, and contained an incorrect definition of ‘intentionally,’ which allowed the jury to find the Appellant guilty merely by findi...
1. “Does the concept of concurrent causation, Tex. Penal Code § 6.04(a), apply to the results caused by third parties for which the defendant is criminally responsible?” 2. “ Is ambivalence over the amount of serious bodily injury directly attributable to the defendant evidence that her conduct w...
“Whether The Court Of Appeals Tenth District Erred In Holding The Evidence Legally Sufficient To Support Petitioner’s Conviction For The Offense Of Theft Of Cargo?”
denotes a petition filled by SPA