1. “Is expert opinion testimony that a defendant holds himself out as a gang member—without proof he is one—relevant to sentencing?” 2. “In assessing harm, did the court of appeals err in failing to isolate the opinion testimony from the properly admitted photographs on which that opinion was b...
1. “May this Court adhere to a rule that refuses to allow the consideration of legislative history to interpret a statute unless the statute is ambiguous, when the Legislature states that legislative history may be considered whether or not a statute is ambiguous?” a. “Must Boykin v. State, 818 S...
“May the proponent of a video sufficiently prove its authenticity without the testimony of someone who either witnessed what the video depicts or is familiar with the functioning of the recording device?”
“Whether the Proponent of Evidence at Trial has the Burden of Showing Statutory Compliance in Response to an Objection under Article 38.23 (The Texas Exclusionary Rule).”
“The court of appeals erred in affirming a fine included in the judgment which had not been orally pronounced by the trial court at sentencing.”
1. “The court of appeals erred by applying a de novo standard of review to the trial court’s granting of Appellee’s motion to suppress evidence, failing to give ‘almost total deference’ to the trial court’s findings of fact to support its conclusion that no exigent circumstances existed.” 2. “The...
1. “The Court of Appeals erred in dismissing this case for want of jurisdiction, because ‘no written appealable order’ existed when in fact the original judgment, nunc pro tunc, provided the Court of Appeals with a written appealable order.” 2. “The Court of Appeals erred in giving this appeal ...
1. “Whether the court of appeals failed to apply the tolling provisions of Texas Code of Criminal Procedure article 12.05(b), in conflict with this Court’s decision in Hernandez v. State, 127 S.W.3d 768 (Tex. Crim. App. 2004).” 2. “Whether the court of appeals’ harmless error analysis under Tex...
denotes a petition filled by SPA