“Mr. Pettit, as a passenger in the vehicle, had standing to contest his unconstitutional seizure. The Twelfth Court of Appeals did not follow this Court’s holding in Kothe v. State, 152 S.W.3d 54 (Tex. Crim. App. 2004), fundamentally misapplied the ‘fruit of the poisonous tree’ doctrine and erred...
1. “Whether the Court of Appeals correctly determined the legality of geofence warrants, an issue of first impression in Texas and an important question of state and federal law that has not been, but should be, settled by the Court of Criminal Appeals.” 2. “Whether the Court of Appeals correctly...
1. “Did the 10th COA error (sic) in holding the evidence legally sufficient because ‘[Petitioner] jumped out the vehicle and attempted to connect the brake lines and lights, constituting an activity in which he possessed stolen cargo?’” 2. “Did the 10th COA misconstrue section 31.18(b)(1) of the ...
1. “The lower court erred when it ignored existing case law so that it could create, in a publish opinion, a new waivable-only right to physical presence under Article 33.03 that conflicts with decisions of the Court of Criminal Appeals, the lower court, and other courts of appeals.” 2. “The low...
“Does a defendant suffer egregious harm from charge error that 1) related to an element the defendant effectively conceded and which was not a realistic possibility for acquittal, and 2) was limited to a manner and means of murder neither party argued over?”
1. “When determining what felony offense was charged, must everything on the face of the charging instrument the grand jury had before it be considered?” 2. “Must a defendant object pretrial when the charging instrument creates doubt about which of two related offenses is being charged?”
“Where: (1) the trial court, in dismissing the State’s capital murder indictment on the grounds of prosecutorial vindictiveness, also dismissed the ‘instant cause’ with prejudice, effectively precluding the State from reindicting Gabaldon on an untainted murder charge or any lesser-included offen...
STATE’S PDR 1. “Does a court of appeals have the authority to abate for an out-of time motion for new trial and preemptively compel a hearing thereon?” 2. “The court of appeals’s review of the trial court’s ruling was procedurally and substantively defective.” APPELLANT’S PDR 1. “Did the court of...
denotes a petition filled by SPA