“Did the Appeals court incorrectly interpret Martin v. State when it determined that the requirement of “continuous association” in a street gang is satisfied by the underlying crime and no additional or prior crime is required for the charge of Engaging in Organized Criminal Activity?”
“When two officers both testify about one joint pursuit of an individual after that individual evaded them in a motor vehicle, is there no double jeopardy violation when the individual is charged and convicted of evading from both officers simply because the individual gives a different account o...
ON THE COURT’S OWN MOTION 1. “Whether the Ranger made a positive promise to Appellant under Garcia v. State, 919 S.W.2d 370 (Tex. Crim. App. 1994), when he said that ‘there’s no reason on this deal why you shouldn’t be adjudicated as a juvenile. And what that means is they’re going to get you hel...
“Does the trial court have the discretion to make an affirmative finding of family violence during sentencing prior to adjudication?”
1. “Whether the Court of Appeals correctly determined the legality of geofence warrants, an issue of first impression in Texas and an important question of state and federal law that has not been, but should be, settled by the Court of Criminal Appeals.” 2. “Whether the Court of Appeals correctly...
1. “Whether the fact that a witness is a foreign national no longer in this country and without legal authority to enter this country is itself sufficient to show unavailability of the witness for purposes of the hearsay exceptions in Texas Rule of Evidence 804?” 2. “Whether statements by a prose...
1. “Regarding the assessment of the state consolidated court cost, which date controls – the offense date or the date of conviction?” 2. “Regarding the assessment of the state consolidated court cost for offenses committed before January 1, 2020, which date controls – the offense date or the date...
1. “The 87th Legislature passed Senate Bill 1373 which amended Code of Criminal Procedure, Article 42.15(a-1). The amendment requires courts to conduct ability-to-pay inquiries ‘on the record.’ The amendment became effective on September 1, 2021. The bill said the statutory changes apply to fi...
denotes a petition filled by SPA