1. “The court of appeals disregarded the plain language of Election Code § 255.004(b) (the ‘True Source of Communication’ statute) and misconstrued it to unlawfully require identification of the source of a campaign communication. On its face, the statute does not require identification of the so...
“Where: (1) the trial court, in dismissing the State’s capital murder indictment on the grounds of prosecutorial vindictiveness, also dismissed the ‘instant cause’ with prejudice, effectively precluding the State from reindicting Gabaldon on an untainted murder charge or any lesser-included offen...
STATE’S PDR 1. “Does a court of appeals have the authority to abate for an out-of time motion for new trial and preemptively compel a hearing thereon?” 2. “The court of appeals’s review of the trial court’s ruling was procedurally and substantively defective.” APPELLANT’S PDR 1. “Did the court of...
“The Court of Appeals erred in analyzing the harm, bias and prejudice injected into the trial by allowing the introduction of rap videos and Facebook pages.”
1. “The court of appeals employed a heightened standard for probable cause, departing from the flexible standard required by law.” 2. “The court of appeals applied inconsistent standards for probable cause in its analyses of the warrant affidavits for the searches of the appellant’s cell phone d...
“If a witness testifies at a criminal trial while wearing a surgical mask that covers the witness’s nose and mouth, is a defendant’s Sixth Amendment right to face-to-face confrontation denied?” “Is there a general exception during a global pandemic to the Sixth Amendment Confrontation Clause and...
“For attempt crimes against persons—like capital murder of police—does attempt law require ‘striking distance’ proximity and weapons display and positioning or movement toward the intended victim to constitute ‘an act amounting to more than mere preparation that tends but fails to effect the comm...
“Does sworn, unchallenged testimony on a material issue have probative value?”
denotes a petition filled by SPA