"The court of appeals erred in holding that the trial court properly limited the appellant’s ability to consult with trial counsel during an overnight recess in violation of the appellant’s Sixth Amendment right to counsel."
“Whether the Court of Appeals erred by concluding that Appellant’s statement to Detective Hill was not obtained via a custodial interrogation without the benefit of any warnings when the statement was made after Appellant was ordered to involuntarily leave a residence by an overwhelming police pr...
1. “The court of appeals misapplied the egregious harm standard of review for unobjected-to jury charge error under Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1984), in a manner that so far departed from the accepted and usual course of judicial proceedings as to call for an exercise of th...
"The Eighth Court of Appeals erred in its preliminary holding that Appellant was entitled to jury instructions on the use of deadly force in self-defense because there was no evidence presented from any source of Appellant’s subjective state of mind at the time of the shooting, that is, whether h...
“Whether the majority opinion conflicts with Burch v. State, when the majority opinion affirmed the trial court’s admission of DNA testimony over Appellant’s Confrontation Clause objection?”
“The lower court misapplied the standard of review in this case. Specifically, the panel in this case assumed the role of fact-finder rather than viewing the evidence in the light most favorable to the verdict.”
1. “Article 46B.0095 of the Texas Code of Criminal Procedure allows for commitment of an incompetent defendant for the ‘maximum term provided by law for the offense for which the defendant was to be tried.’ The maximum term of confinement for a juvenile adjudicated for a first-degree felony offe...
“In affirming Petitioner’s conviction, the Eighth Court erred when it misapplied the four-factor test in Brown v. Illinois, conceding that the arrest was unlawful under Texas law but not unconstitutional under the Fourth Amendment and, therefore, was not flagrant.”
denotes a petition filled by SPA