“After holding that the evidence was legally and factually insufficient to support the trial court’s rejection of the defendant’s due-diligence affirmative defense, the Court of Appeals erred in failing to further address the issue of estoppel, even though the State raised the estoppel issue in t...
“The court of appeals ignored important evidence and substituted its interpretation of the victim’s testimony for the jury’s.”
1. “The Court of Appeals erred by finding the value ladder provisions of the forgery statute to be mandatory in all cases where forgery was committed in order to obtain property or services.” 2. “The Court of Appeals erred by holding that the State was required to allege the purpose for which Ap...
1. “The Fourteenth Court erred by holding a trial court cannot grant a jury’s request for a transcript of disputed testimony.” 2. “The Fourteenth Court erred by conducting a harm analysis that did not consider the strength of the State’s evidence, the weakness of the defense, or the fact that th...
1. “Whether, if the Attorney General has the authority to prosecute this case under § 273.021, the statute’s grant of prosecutorial authority violates the separation of powers requirement in the Texas Constitution.” 2. “Whether the Attorney General has the authority to prosecute ‘election law’ c...
“Can harmlessness be presumed from a silent record when a defendant has been denied his constitutional and statutory rights to be present during a pretrial proceeding?”
1. “The court of appeals erred in holding the trial judge abused her discretion in admitting into evidence two of appellant’s prior cocaine convictions in order to prove appellant’s knowledge and/or intent with regard to the cocaine recovered in the charged offense, even after a defense witness c...
1. “State’s Exhibit 177 was Admissible Under Article 37.07, § 3(a)(1) Because it was ‘Relevant to Sentencing’ and the Fourteenth Court of Appeals Erred in not Being Guided by the Language of the Statute.” 2. “If State’s Exhibit 177 was Admitted in Error, the Fourteenth Court of Appeals Erred in ...
denotes a petition filled by SPA