“The court of appeals erred in finding egregious harm, where the record is clear that the jury understood that a conviction for the lesser included offense of attempted sexual assault would be based on Appellant’s attempted penetration of the victim’s sexual organ by Appellant’s sexual organ.”
“The Second Court of Appeals’s opinion that draws a determinative distinction under article 22.02 of the Texas Code of Criminal Procedure between the calling of a defendant’s name at a “courtroom door” as opposed to a “courthouse door” conflicts with every ot...
1. “Did the court of appeals err in finding that Texas Penal Code Section 43.262 is a content-based regulation of protected speech that fails strict scrutiny?” 2. “Did the court of appeals err in considering Texas Penal Code Section 43.262’s constitutionality under the First Amendment overbreadth...
1. “Once a witness learns the meaning of a phrase from other people is the meaning of that phrase thereafter part of the personal knowledge of the witness which the witness can then testify to without violating the Confrontation Clause?” 2. “Are non-hard science expert witnesses required under th...
When two indictments are consolidated for trial under Texas Penal Code § 3.02 and the first indictment is based on a statute that has been challenged via a pretrial habeas application, but the statute underlying the second indictment is not challenged, does consolidation impact the cognizability ...
1. “Does defense-elicited testimony that the victim’s allegations of sexual abuse are lies and the result of manipulation and coaching justify the admission of lay, rebuttal testimony from an officer that the victim’s allegations were credible?” 2. “If the officer’s brief victim-credibility testi...
“The Fourteenth Court erred by holding that a motion to dismiss that explicitly reserved the State’s right to refile was retroactively converted into an ‘immunity agreement’ when the trial court dismissed a subsequent case on grounds of equitable immunity. Nothing in the record shows the trial co...
1. “Did the special prosecutor lack standing or authority to prosecute alleged misdemeanor violations of the Election Code and Government Code without the referral from the TEC required by Texas Government Code § 571.171?” 2. “Was Appellant deprived of due process when the District Attorney’s off...
denotes a petition filled by SPA