The First Court erred by creating a new Marin Category 1 prohibition and holding, in direct contradiction to Speth, that a defendant can complain for the first time on appeal about payments ordered as conditions of community supervision.
“The court of appeals erred in its interpretation of Tex. Pen. Code 39.06(d) when it basically eliminated the meaning of ‘prohibited from disclosure’ as written in the code and replaced it with a vague ‘information that is confidential’ standard.”
“Does the filing of an untimely election for jury punishment and defense counsel’s claim—rejected by the trial court—that his client desired jury punishment at some point satisfy an appellant’s burden under Swinney v. State, 663 S.W.3d 87 (Tex. Crim. App. 2022), to show a reasonable probability t...
“Can the Court of Appeals recalculate court costs on their own without remanding the case to the trial court for an ability-to-pay inquiry?”
“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...
1. “Did the court of appeals err by determining that Texas Government Code § 30.00027 deprived the intermediate appellate court of jurisdiction to hear the State’s appeal from an adverse decision made by a county-level court reviewing a judgment from a municipal court of record? a. Does Chapter 3...
denotes a petition filled by SPA