“In concluding that Piper’s trial counsel may have had a reasonable strategic reason for failing to request a voluntary-conduct charge instruction, the court of appeals reasoned that attorneys are under no duty to raise every defense available. But counsel did raise a voluntary-conduct defense—he...
“While reviewing a violation of the Michael Morton Act, the Court of Appeals erred in its materiality analysis.”
“In an issue of first impression, did the court of appeals correctly determine that the evidence is legally sufficient to support a conviction for ‘failure to appear & bail jumping’ when a trial court revokes a defendant’s bail in open court, remands the defendant to jail, and the defendant f...
1. “Where this Court and other appellate courts have found evidence sufficient to support an ‘alteration’ under the tampering statute when an item’s physical or geographical location is changed, did Stahmann err in failing to uphold Appellant’s tampering conviction based on his undisputed ‘altera...
1. “The Court of Appeals erred in holding the trial court did not improperly comment on the evidence by providing a jury instruction on ‘joint possession’ that added to the statutory definition of ‘possession.’” 2. “The Court of Appeals erred in alternatively holding it was not error to refuse Ap...
1. “When a statute, Section 165.152 of the Texas Occupations Code, generally proscribes conduct that is also proscribed by a more specific statute, Section 165.153 providing for a lesser range of punishment, is it a violation of due process and due course of law to punish the offender in accordan...
“Whether, as stated by Justice Gray in his dissent from Appellant’s motion for rehearing, the evidence allowed the jury to have reasonably inferred that the second assault occurred on or before the victim’s fourteenth birthday?”
“When a defendant is acquitted on a defense of a third person theory after stabbing a person engaged in a fight with a friend, does the collateral estoppel component of the Double Jeopardy Clause as articulated in Ashe v. Swenson and this Court’s opinions bar his subsequent prosecution for stabbi...
denotes a petition filled by SPA