1. “Did the Court of Appeals err in finding that the evidence was sufficient to convict Delarosa of Sexual Assault? a. Did the Court of Appeals err in finding that minority is a mental defect rendering consent invalid for the purposes of Sexual Assault? b. Did the Court of Appeals err in finding ...
(1) “When a defendant commits a new offense immediately following an illegal search or seizure, does the new offense cease to be an intervening circumstance attenuating taint unless it is violent and/or unforeseen?” (2) “Is an officer in a public place not in a ‘lawful place’ under a plain view a...
“The Fourteenth Court erred by holding that the Sixth Amendment Confrontation Clause applied to probation revocation proceedings. This holding conflicts with published holdings from four Texas courts of appeals and nine federal circuit courts, and with the federal Supreme Court’s explicit stateme...
(1) “Must a defendant be acquitted if the trial court grants a motion for new trial alleging only that ‘the verdict is contrary to the law and evidence’ and the State does not appeal?” (2) “Was it so certain that a first jury’s ‘not true’ findings survive the granting of a new trial and collater...
“Is a child’s statement to police inadmissible if a magistrate begins the process to determine voluntariness under Tex. Fam. Code § 51.095(f) but never finishes it?”
“The court of appeals erred in finding egregious harm, where the record is clear that the jury understood that a conviction for the lesser included offense of attempted sexual assault would be based on Appellant’s attempted penetration of the victim’s sexual organ by Appellant’s sexual organ.”
“The Second Court of Appeals’s opinion that draws a determinative distinction under article 22.02 of the Texas Code of Criminal Procedure between the calling of a defendant’s name at a “courtroom door” as opposed to a “courthouse door” conflicts with every ot...
1. “Did the court of appeals err in finding that Texas Penal Code Section 43.262 is a content-based regulation of protected speech that fails strict scrutiny?” 2. “Did the court of appeals err in considering Texas Penal Code Section 43.262’s constitutionality under the First Amendment overbreadth...
denotes a petition filled by SPA