“If a witness testifies at a criminal trial while wearing a surgical mask that covers the witness’s nose and mouth, is a defendant’s Sixth Amendment right to face-to-face confrontation denied?” “Is there a general exception during a global pandemic to the Sixth Amendment Confrontation Clause and...
“For attempt crimes against persons—like capital murder of police—does attempt law require ‘striking distance’ proximity and weapons display and positioning or movement toward the intended victim to constitute ‘an act amounting to more than mere preparation that tends but fails to effect the comm...
1. “Did the Second Court of Appeals’ Majority Err in Using the Mosley Factors to Determine Whether the Trial Court Abused its Discretion in Denying Appellant’s Motion for Mistrial?” 2. “The Dissent Correctly Concludes that Under Either Rule 44.2(b) or the Mosley Factors, the Judgments of Convicti...
1. “Did the appellate court error (sic) in holding that the necessity defense does not apply to a defendant who provokes the difficulty?” 2. “If the defense of necessity can be denied based on the defendant provoking the difficulty, did the appellate court error (sic) in finding that Appellant’s ...
STATE’S GROUND “Did the court of appeals have jurisdiction over Sinclair’s appeal?” GRANTED ON THE COURT’S OWN MOTION “In a proceeding under Article 11.072 of the Code of Criminal Procedure, does a trial court have jurisdiction to rule on a motion to reconsider after the trial court has ...
(1) “Has the State’s statutory duty to disclose evidence ‘as soon as practicable’ been violated if the prosecutor fails to disclose an item of evidence the D.A.’s Office does not know exists but that has been in police custody for months?” (2) “If so, does the trial court have authority to impose...
1. “The Fourteenth Court erred when it held that it would violate due process for the court to take judicial notice that the science behind DNA is valid.” 2. “The Fourteenth Court erred when it held that a DNA profile run in accredited laboratory is not something upon which an expert may rely in ...
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...
denotes a petition filled by SPA