“The Beaumont Court of Appeals erred in finding the evidence legally sufficient to prove Petitioner had a qualifying prior conviction for purposes of Texas Penal Code § 22.01(b)(2)(A). Consequently, A. Petitioner was entitled to a directed verdict; and B. Petitioner’s objections to the § 22.01(b)...
1. “The Illegal Voting statute requires that ‘the person knows the person is not eligible to vote.’ Tex. Elec. Code §64.012(a)(1). This Court’s precedent, notably Delay v. State, 465 S.W.3d 232 (Tex. Crim. App. 2014), confirms that the State must prove that the person knew her conduct violated th...
“The Court of Appeals for the First District erred when it found, contrary to five other courts of appeals, that a trial court maintains unending jurisdiction over community supervision cases to grant ‘judicial clemency.’”
“After holding that the evidence was legally and factually insufficient to support the trial court’s rejection of the defendant’s due-diligence affirmative defense, the Court of Appeals erred in failing to further address the issue of estoppel, even though the State raised the estoppel issue in t...
“The court of appeals ignored important evidence and substituted its interpretation of the victim’s testimony for the jury’s.”
1. “The Court of Appeals erred by finding the value ladder provisions of the forgery statute to be mandatory in all cases where forgery was committed in order to obtain property or services.” 2. “The Court of Appeals erred by holding that the State was required to allege the purpose for which App...
“From the appellate court’s statutory construction of Section 32.21(e-1) of the Texas Penal Code, there was no jury-charge error; but more importantly, this Court should resolve a jurisdictional conflict that now exists in Texas law as to how county and district attorneys in the State of Texas sh...
1. “The Fourteenth Court erred by holding a trial court cannot grant a jury’s request for a transcript of disputed testimony.” 2. “The Fourteenth Court erred by conducting a harm analysis that did not consider the strength of the State’s evidence, the weakness of the defense, or the fact that the...
denotes a petition filled by SPA