“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...
“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...
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 ...
denotes a petition filled by SPA