(1) “Under the Drug Free Zone statute, is an area with play equipment presumed to be ‘open to the public’ freeing the State from having to produce legally sufficient evidence at trial?” (2) “Did the 13th Court of Appeals err by improperly analyzing the record for legally sufficient evidence pro...
1. “The Fourteenth Court erred by applying the constitutional harm standard to unobjected-to charge error.” 2. “Alternatively, the Fourteenth Court erred by concluding that a punishment-phase objection preserved error in the guilt-phase charge.” 3. “The Fourteenth Court erred by finding reversi...
1. “Did the Court of Appeals err when it conducted a purely de novo review of the trial court’s denial of a motion for mistrial for an alleged Brady violation, a ruling which is traditionally reviewed for an abuse of discretion?” 2. “In concluding that the non-disclosed evidence in this case was...
1. “The judge, on an at best, partially developed record, required one spectator to view one witness’s testimony contemporaneously from a neighboring room. Is this the sort of closure requiring reversal contemplated by the right to a public trial[?]” 2. “Did the Fourth Court of Appeals fail to a...
1. “Whether the 10-day grace period for filing a notice of appeal was unavailable when the incarcerated defendant omitted the words ‘district clerk’ from the envelope he used to send his notice of appeal. [CR: 64, 74-76; APX-A/Op. Ct. App. 2-3].” 2. “Under what circumstances should an incarcerat...
“When the State alleges, but fails to prove, the codeine mixture the defendant possessed contains a sufficient proportion of another medicine to be medicinal, should he be acquitted?”
“The court of appeals misapplied the standard of review for sufficiency of the evidence and in a manner that so far departed from the accepted and usual course of judicial proceedings as to call for an exercise of the Court of Criminal Appeals’ power of supervision.”
“The First Court erred by holding that a trial court cannot find a bond ‘insufficient in amount’ once a defendant has posted the bond. Whether the bond is ‘insufficient in amount’ is not a question of whether the defendant made a bond equal to the bail amount, it is a question of whether the requ...