“Whether conclusory lay testimony can contradict undisputed testimony from medical sources and a victim on the issue of serious bodily injury such that a lesser-included offense is a ‘valid, rational alternative’ to the charged offense?”
“Is a summary reversal warranted when the lower court violated an absolute requirement by applying law not applicable to the case, i.e. the punishment-phase sudden passion issue, not in effect until 1994, to a first-degree murder committed in 1991?”
1. “Should error in the punishment enhancement charge be reviewed as charge error rather than as an ‘illegal sentence’?” 2. “What standard of harm applies to charge errors that authorize a greater punishment?”
1. “The Court of Appeals erred when it held appellant’s actions invoked the forfeiture by wrongdoing doctrine in violation of the sixth amendment’s right to confront one’s accuser: is not knowing the location of a witness wrongdoing – especially if the State was able to serve the witness with a s...
“Can error in a sexual-assault charge—which fails to specify that the defendant used his penis—be harmful when there was no evidence or claim that he used anything else?”
“What is the unit of prosecution for failure to appear, Tex. Penal Code § 38.10?”
“Is reformation unauthorized unless the State pled all the elements and statutorily required notice allegations of the lesser-included offense?”
“Is the Fifth Court of Appeals right, or are the First and Second Courts of Appeals right? Should murder always be anticipated as a potential result of robbery?”
denotes a petition filled by SPA