1. “Where this Court and other appellate courts have found evidence sufficient to support an ‘alteration’ under the tampering statute when an item’s physical or geographical location is changed, did Stahmann err in failing to uphold Appellant’s tampering conviction based on his undisputed ‘altera...
1. “The Court of Appeals erred in holding the trial court did not improperly comment on the evidence by providing a jury instruction on ‘joint possession’ that added to the statutory definition of ‘possession.’” 2. “The Court of Appeals erred in alternatively holding it was not error to refuse A...
1. “When a statute, Section 165.152 of the Texas Occupations Code, generally proscribes conduct that is also proscribed by a more specific statute, Section 165.153 providing for a lesser range of punishment, is it a violation of due process and due course of law to punish the offender in accordan...
“Whether, as stated by Justice Gray in his dissent from Appellant’s motion for rehearing, the evidence allowed the jury to have reasonably inferred that the second assault occurred on or before the victim’s fourteenth birthday?”
“When a defendant is acquitted on a defense of a third person theory after stabbing a person engaged in a fight with a friend, does the collateral estoppel component of the Double Jeopardy Clause as articulated in Ashe v. Swenson and this Court’s opinions bar his subsequent prosecution for stabbi...
Does a failure to object to a driver’s license suspension at trial bar complaint on appeal?
“The opinion of the court of appeals is in conflict with opinions of this Court holding there must be evidence of dangerous or reckless operation of a vehicle to support a finding it was used as a deadly weapon and the occurrence of a collision or consumption of alcohol do not establish those ele...
1. “The Thirteenth Court of Appeals erred in suggesting that the sustaining of a Franks motion and the purging of false statements from a search warrant affidavit triggers a heightened legal standard of ‘clear’ probable cause with regard to the remaining allegations in the affidavit.” 2. “The ...