ON COURT’S OWN MOTION “Was Texas Penal Code section 42.07(a)(7) unconstitutional as applied to Appellant?”
“Does the filing of an untimely election for jury punishment and defense counsel’s claim—rejected by the trial court—that his client desired jury punishment at some point satisfy an appellant’s burden under Swinney v. State, 663 S.W.3d 87 (Tex. Crim. App. 2022), to show a reasonable probability t...
“Did the court of appeals err in holding that the jury need only find the defendant acted recklessly to convict him of aggravated robbery under the ‘intent to promote or assist’ theory of party liability?”
“The court of appeals erred in its interpretation of Tex. Pen. Code 39.06(d) when it basically eliminated the meaning of ‘prohibited from disclosure’ as written in the code and replaced it with a vague ‘information that is confidential’ standard.”
“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. “The Fourteenth Court’s opinion is based on false statements of the record.” 2. “The Fourteenth Court erred by affirming the trial court on a theory of law not applicable to the case. The Fourteenth Court affirmed on a legal theory that was not litigated below because the appellee had disclai...
“A court of appeals does not have jurisdiction to consider an appeal by the State of an order of deferred disposition.”
“Can the Court of Appeals recalculate court costs on their own without remanding the case to the trial court for an ability-to-pay inquiry?”
denotes a petition filled by SPA