“The court of appeals erred in affirming the trial court’s allowing evidence of a drug test without testimony of the chemist who performed the testing.”
1. “The Court of Appeals erred by ruling that under Tex. Code Crim. Proc. Art. 38.23(a), violations of the Federal Stored Communication Act (“SCA”) and Tex. Code Crim. Proc. Art. 18.21 do not require suppression of evidence pertaining to the warrantless pinging of a cellphone because: (1) the pla...
"Did the Fifth Court of Appeals err by holding and determining that the State had a compelling interest in protecting children, including Fineberg's biological children, from sexual exploitation without also determining whether the community supervision modification prohibiting Fineberg's contact...
1. “Did the majority opinion correctly hold that TEX.R.EVID. 103 trumps TEX.R.APP. P. 33.1 and relieves an appellant of the need to have informed the trial court of the legal basis for admitting the proffered evidence?” 2. “Does the majority opinion conflict with precedent from this Court when i...
“The court of appeals erred in holding that the trial court properly granted the defendant/appellee’s motion to suppress evidence that revealed the results of testing of the blood of the defendant/appellee.”
(1) “Does an information that tracks the language of section 42.01(a)(8) provide a defendant sufficient notice that he displayed a firearm in a manner calculated to alarm?” (2) “Did the court of appeals err by applying a First Amendment and Fourteenth Amendment rule to a Sixth Amendment complain...
1. “The Appellate Court Improperly Reviewed the Legal Sufficiency of the Evidence Against Chambers pursuant to § 37.10 of the Texas Penal Code when it Refused to Acknowledge that the Texas Commission on Law Enforcement was Acting in Contravention of its Legal Authority.” 2. “This Court Should Su...
“The lower court erred in holding that an indictment for criminal attempt is fundamentally defective when it does not allege the constituent elements of the underlying offense attempted.”
denotes a petition filled by SPA