1. “Did the court of appeals err by reversing the trial court’s discovery sanction order under a theory not raised by the State?” 2. “Was Appellee’s discovery request sufficient under the Michael Morton Act?” 3. “Is the State estopped to challenge the sufficiency of Appellee’s discovery request b...
“Does the enhancement under Penal Code § 22.011(f) require the State to prove the defendant committed bigamy?”
“In holding the evidence legally insufficient to support two of Miranda’s convictions, the Court of Appeals did not follow this Court’s case of Miller v. State, 457 S.W.3d 919 (Tex. Crim. App. 2015), concerning the closely-related crimes exception to the corpus delicti rule, improperly holding th...
“Did the court of appeals err in concluding that the enhanced penalty provision for sexual assault under Section 22.011(f) does not require proof of bigamous conduct and can be triggered solely by evidence that Petitioner was married at the time the offense was committed?”
1. “The court of appeals erred in concluding that section 22.011(f) of the Texas Penal Code requires the State to prove commission of an actual bigamy offense to elevate Appellant’s punishment range for sexual assault to a first-degree felony offense.” 2. “The court of appeals’ decision requirin...
“Is a prior conviction for family violence under Tex. Penal Code § 22.01(b)(2)(A) always a guilt issue simply because it can be, and often is, used as a jurisdictional element?”
1. “The court of appeals erred by concluding that a 112 day delay was presumptively prejudicial based on potential delay that had not yet occurred and by weighing the first Barker factor against the State.” 2. “The court of appeals erred by concluding that the State was responsible for the delay...
“Whether a defendant’s failure to admit the exact manner and means of an assault as set forth in a charging instrument is a sufficient basis to deny a jury charge on self-defense.”
denotes a petition filled by SPA