“The Court of Appeals erred in failing to consider the conflict between the new test results and the results presented at trial, as well as the defensive evidence presented by appellant, when deciding whether the new test results cast doubt on the validity of the conviction.”
1. “The current test for determining whether an out-of-state offense is substantially similar to an enumerated Texas offense is too broad. Accordingly, this Court should disavow that test and replace it with one that only compares the elements of the respective offenses.” 2. “Even if not disavow...
1. “The court of appeals misapplies the standard of review when examining article 38.23 of the Texas Code of Criminal Procedure.” 2. “The court of appeals’ opinion puts it in conflict with other courts of appeals, which have applied constitutional violation analysis to private individuals under ...
“Whether the Court of Appeals erred in concluding that trial counsel’s advice was a misrepresentation of the law that rendered Briggs’s plea involuntary when the advice was based on the controlling precedent that existed at the time counsel’s advice was given?”
“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...
denotes a petition filled by SPA