1. “Should error in the punishment enhancement charge be reviewed as charge error rather than as an ‘illegal sentence’?” 2. “What standard of harm applies to charge errors that authorize a greater punishment?”
1. “The Court of Appeals erred when it held appellant’s actions invoked the forfeiture by wrongdoing doctrine in violation of the sixth amendment’s right to confront one’s accuser: is not knowing the location of a witness wrongdoing – especially if the State was able to serve the witness with a s...
“Can error in a sexual-assault charge—which fails to specify that the defendant used his penis—be harmful when there was no evidence or claim that he used anything else?”
1. “Does a trial court’s sua sponte submission of an issue in the jury charge prevent a court of appeals from considering whether the evidence raised such an issue?” 2. “If, under a defensive view of the evidence, the defendant in a murder case drew, pointed, and wrestled over the gun of his own...
“What is the unit of prosecution for failure to appear, Tex. Penal Code § 38.10?”
“Is reformation unauthorized unless the State pled all the elements and statutorily required notice allegations of the lesser-included offense?”
“Is the Fifth Court of Appeals right, or are the First and Second Courts of Appeals right? Should murder always be anticipated as a potential result of robbery?”
1. “Under the Calloway [v. State, 743 S.W.2d 645 (Tex. Crim. App. 1988)] rule, is police coercion of a confession a ‘theory of law applicable to the case’ where the appellee argues that he lacked a ‘full understanding’ of his Miranda rights in a different statement?” 2. “In reviewing a trial cour...
denotes a petition filled by SPA