(1)“If the error at trial was in admitting evidence under a nonconstitutional rule—Tex. Code Crim. Proc. art. 38.23— shouldn’t harm be assessed under the non-constitutional harm standard in Tex. R. App. P. 44.2(b)?” (2) “If the non-constitutional “substantial rights” standard applies, was the err...
1. “The First Court erred by holding that a shotgun objection and a complaint about another part of the statute preserved the appellant’s appellate argument. This conflicts with this Court’s holding in Resendez [v. State, 307 S.W.3d 308 (Tex. Crim. App. 2009)].” 2. “The First Court erred by holdi...
1. “Is an objection required to preserve a challenge to restitution ordered payable to the Attorney General for a crime-victim-fund payment made on behalf of a sexual assault victim for a forensic medical exam?” 2. “Alternatively, does a restitution order payable to the Attorney General for a cri...
“The Fourteenth Court of Appeals misconstrued Article 44.01 of the Texas Code of Criminal Procedure and erred in concluding that the State does not have the right to appeal the trial court’s order granting relief in a habeas corpus proceeding brought under Article 11.09 of the Texas Code of Crimi...
“Does TEX. CODE CRIM. PROC. art. 4.07’s grant of ‘original jurisdiction of all misdemeanors’ give county courts jurisdiction—concurrent with district courts—over official misconduct cases?”
“If a case at the petition-to-adjudicate stage and a defendant’s subsequent similar crime at the guilt phase are heard simultaneously, are they ‘prosecuted in a single criminal action’ such that any imposed sentences must run concurrently?”
1. “Are mandatory life-without-parole sentences cruel and unusual as applied to intellectually disabled offenders?” 2. “If the opinion below is affirmed, what are the available punishment options?”
1. “The court of appeals departed from the proper standard of review by substituting its own judgment for that of the magistrate who viewed the warrant affidavit and found probable cause.” 2. “The court of appeals employed a heightened standard for probable cause, departing from the flexible stan...
denotes a petition filled by SPA