1. “The Court of Appeals erred in ruling that appellant’s Miller v. Alabama claim was forfeited by inaction.” 2. “The Court of Appeals erred by ruling the age of the defendant at the time of the offense is an affirmative defense for which the defendant bears the burden of proof.” 3. “Even if de...
“These cases were selected to address an issue reserved by this Court in Safety Nat’l Cas. Corp. v. State, 305 S.W.3d 586 (Tex. Crim. App. 2010). The issue was raised by motion to retax costs and a motion for new trial. There was a contested hearing in which evidence was offered before the trial ...
1. “What quantum of evidence must the accused present to avail himself of self-defense/defense of others when the alleged victim was not a primary threat?” 2. “Does a Defendant’s intent to exercise self-defense/defense of others transfer to other assailants when the Defendant is only confronted ...
1. “By holding that Michael’s waiver of the right to appeal was enforceable and that the trial court’s ‘admonishment’ that induced Michael to plead guilty did not violate Due Process and Article 26.13, the Eighth Court’s opinion conflicts with decisions from this Court and the United States Supre...
1. “Whether, as a matter of law, evidence that has been forgotten by a defendant is unknown, for purposes of the newly-discovered-evidence rule, only if the defendant forgot about it because of a physical or mental condition, such as amnesia or repression, that was caused by a traumatic event, de...
1. “The evidence is legally insufficient to sustain Appellant’s conviction for deceptive business practice where Appellant did not make any affirmative misrepresentation, the State’s theory of liability was based on an omission rather than an act, and the complainant accurately understood the com...
1. “Is the failure to admonish about immigration consequences under Tex. Code Crim. Proc. art. 26.13(a)(4) harmful when the defendant was already deportable at the time of his guilty plea due to prior convictions?” 2. “Is the failure to admonish about immigration consequences under Tex. Code Cri...
“In concluding that Piper’s trial counsel may have had a reasonable strategic reason for failing to request a voluntary-conduct charge instruction, the court of appeals reasoned that attorneys are under no duty to raise every defense available. But counsel did raise a voluntary-conduct defense—he...
denotes a petition filled by SPA