“Can an officer act in objective good faith by relying on the magistrate’s approval of a warrant that is defective in form?”
“Do questions that would objectively aid a search for a kidnapped or missing person fall within New York v. Quarles’s public safety exception to Miranda?”
“In a sufficiency analysis, may a reviewing court uphold a conviction where the offense is defined by technical elements beyond the understanding of an ordinary factfinder if no evidence on the elements was presented at trial?”
“The Court of Appeals erred in holding that police could not lawfully enter a hotel room to help a hotel manager evict a guest engaged in criminal activity.”
1. “Justice Rodriguez’s dissent contains the same criticisms of the challenged statute that were addressed in 1983 by the U.S. Fifth Circuit Court of Appeals in Kramer v. Price. Kramer v. Price struck down the previous version of Penal Code § 42.07. The defects described in Justice Rodriguez’s di...
Can a jury charge applying an unalleged reckless culpable mental state for aggravated assault in a unitary application instruction cause egregious harm when applying that same reckless culpable mental state as a lesser-included offense would not even be error?
1. "Did Williams preserve his request for the lesser-included offense of human trafficking when he failed to identify any evidence supporting this request and denied committing any offense?" 2. "Did the court of appeals err by concluding that the lesser-included offense of human trafficking was...
The panel erred when it failed to find the evidence was legally insufficient to support the jury’s finding of guilt beyond a reasonable doubt as to each and every element of the offense of indecency with a child by sexual contact, especially considering the panel unilaterally substituted a date o...
denotes a petition filled by SPA