“Collateral estoppel applies only when two issues are identical. In appellant’s manslaughter trial, the jury was charged to consider whether appellant ‘recklessly caused the death’ of the complainant. In a pending aggravated assault trial, the jury will be charged to consider whether he ‘reckless...
1. “Whether the plain language of the evading-arrest statute requires proof of knowledge that the attempted arrest or detention is lawful.” 2. “Whether it matters in this case; whether the evidence is legally insufficient to show that Nicholson knew he was being lawfully detained.”
“The Court of Appeals has so far departed from the accepted and usual course of judicial proceedings in finding that there was harm from the admission of State’s Exhibits 22 and 23 as to call for an exercise of the Court of Criminal Appeals’ power of supervision.”
1. “Can an appellate court disregard the issue of error preservation so that the State has a remedy when a capital murder case is dismissed because of the State’s own actions in disappearing a confidential informant?” 2. “Can an appellate court reverse a trial court’s dismissal under TRE...
1. “Does TEX. CODE CRIM. PROC. art. 14.03(a)(1) have an exigency requirement for warrantless arrests?” 2. “If Article 14.03(a)(1) has an exigency requirement for a warrantless arrest in public, it was satisfied here because the integrity of blood-alcohol- content evidence would have been compromi...
“The appellate court applied an important question of state law in a way that conflicts with the applicable decisions of the court of criminal appeals when it mistakenly merged the corpus delicti standard of review with the Jackson v. Virginia sufficiency of the evidence standard of review–misapp...
1. “The court of appeals decided a facial overbreadth claim that was not preserved at trial or raised on appeal.” 2. “Is Tex. Penal Code § 42.07(a)(7), which prohibits harassing electronic communications, facially unconstitutional?”
“In Trinidad v. State, 312 S.W.3d 23 (Tex. Crim. App. 2010) this Court held Article V, Section 13 of the Texas Constitution was not implicated unless evidence that a number other than exactly twelve jurors voted on a verdict received by the trial court. The uncontroverted evidence from Appellant’...
denotes a petition filled by SPA