“The Court of Appeals erred in concluding that a pretrial facial challenge to the constitutionality of a statute requires the requested relief to result in immediate release on all charges.”
“In the context of a pretrial writ of habeas corpus challenging the facial constitutionality of a statute, does ‘immediate release’ apply to the charge or entirety of the prosecution?”
DEFENSE’S GROUNDS 1. “Can police lawfully detain someone for violating a law that is suspended by the governor under the Texas Disaster Act?” 2. “Is the governor required to issue an executive order and file it with the secretary of state in order to invoke the suspension-of-laws provisio...
“Did the court of appeals err in concluding that an employee retained an expectation of privacy in his work vehicle several days after he was arrested and after the vehicle was returned to his employer?”
STATE’S GROUNDS 1. “Is a fact-based claim of a past adjudication under Texas Family Code Section 54.02(j) cognizable on pretrial habeas review?” 2. “Did the overruling of Moon v. State in Ex parte Thomas retroactively vest the criminal district court with jurisdiction despite two appellate court ...
“Does an officer have probable cause to arrest a person passed out in a moving lane of traffic, with the engine running, coupled with several signs of intoxication, for DWI, despite no one visibly seeing that person driving?”
1. “Art. 36.22 of the Code of Criminal Procedure provides no person shall be permitted to be with a jury while it is deliberating. The petit juror affidavit admitted in Becerra’s Motion for New Trial hearing established the alternate juror was present and participated in deliberations and voted ...
“The court of appeals ignored established multiple-punishments law by refusing to review a record that shows multiple potential units of prosecution on its face.”