“The Fourteenth Court of Appeals misconstrued Article 44.01 of the Texas Code of Criminal Procedure and erred in concluding that the State does not have the right to appeal the trial court’s order granting relief in a habeas corpus proceeding brought under Article 11.09 of the Texas Code of Crimi...
“Does TEX. CODE CRIM. PROC. art. 4.07’s grant of ‘original jurisdiction of all misdemeanors’ give county courts jurisdiction—concurrent with district courts—over official misconduct cases?”
“If a case at the petition-to-adjudicate stage and a defendant’s subsequent similar crime at the guilt phase are heard simultaneously, are they ‘prosecuted in a single criminal action’ such that any imposed sentences must run concurrently?”
1. “Are mandatory life-without-parole sentences cruel and unusual as applied to intellectually disabled offenders?” 2. “If the opinion below is affirmed, what are the available punishment options?”
1. “The court of appeals departed from the proper standard of review by substituting its own judgment for that of the magistrate who viewed the warrant affidavit and found probable cause.” 2. “The court of appeals employed a heightened standard for probable cause, departing from the flexible sta...
“The Beaumont Court of Appeals erred in finding the evidence legally sufficient to prove Petitioner had a qualifying prior conviction for purposes of Texas Penal Code § 22.01(b)(2)(A). Consequently, A. Petitioner was entitled to a directed verdict; and B. Petitioner’s objections to the § 22.01...
1. “The Illegal Voting statute requires that ‘the person knows the person is not eligible to vote.’ Tex. Elec. Code §64.012(a)(1). This Court’s precedent, notably Delay v. State, 465 S.W.3d 232 (Tex. Crim. App. 2014), confirms that the State must prove that the person knew her conduct violated th...
“The Court of Appeals for the First District erred when it found, contrary to five other courts of appeals, that a trial court maintains unending jurisdiction over community supervision cases to grant ‘judicial clemency.’”
denotes a petition filled by SPA