1. “By holding that Michael’s waiver of the right to appeal was enforceable and that the trial court’s ‘admonishment’ that induced Michael to plead guilty did not violate Due Process and Article 26.13, the Eighth Court’s opinion conflicts with decisions from this Court and the United States Supre...
1. “Whether, as a matter of law, evidence that has been forgotten by a defendant is unknown, for purposes of the newly-discovered-evidence rule, only if the defendant forgot about it because of a physical or mental condition, such as amnesia or repression, that was caused by a traumatic event, de...
1. “Is the failure to admonish about immigration consequences under Tex. Code Crim. Proc. art. 26.13(a)(4) harmful when the defendant was already deportable at the time of his guilty plea due to prior convictions?” 2. “Is the failure to admonish about immigration consequences under Tex. Code Cri...
“In concluding that Piper’s trial counsel may have had a reasonable strategic reason for failing to request a voluntary-conduct charge instruction, the court of appeals reasoned that attorneys are under no duty to raise every defense available. But counsel did raise a voluntary-conduct defense—he...
“While reviewing a violation of the Michael Morton Act, the Court of Appeals erred in its materiality analysis.”
“In an issue of first impression, did the court of appeals correctly determine that the evidence is legally sufficient to support a conviction for ‘failure to appear & bail jumping’ when a trial court revokes a defendant’s bail in open court, remands the defendant to jail, and the defendant f...
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...
denotes a petition filled by SPA