(1) “Must a defendant be acquitted if the trial court grants a motion for new trial alleging only that ‘the verdict is contrary to the law and evidence’ and the State does not appeal?” (2) “Was it so certain that a first jury’s ‘not true’ findings survive the granting of a new trial and collate...
“Is a child’s statement to police inadmissible if a magistrate begins the process to determine voluntariness under Tex. Fam. Code § 51.095(f) but never finishes it?”
“The court of appeals erred in finding egregious harm, where the record is clear that the jury understood that a conviction for the lesser included offense of attempted sexual assault would be based on Appellant’s attempted penetration of the victim’s sexual organ by Appellant’s sexual organ.”
“The Second Court of Appeals’s opinion that draws a determinative distinction under article 22.02 of the Texas Code of Criminal Procedure between the calling of a defendant’s name at a “courtroom door” as opposed to a “courthouse door” conflicts with every ot...
1. “Did the court of appeals err in finding that Texas Penal Code Section 43.262 is a content-based regulation of protected speech that fails strict scrutiny?” 2. “Did the court of appeals err in considering Texas Penal Code Section 43.262’s constitutionality under the First Amendment overbreadt...
1. “Once a witness learns the meaning of a phrase from other people is the meaning of that phrase thereafter part of the personal knowledge of the witness which the witness can then testify to without violating the Confrontation Clause?” 2. “Are non-hard science expert witnesses required under t...
1. “Does defense-elicited testimony that the victim’s allegations of sexual abuse are lies and the result of manipulation and coaching justify the admission of lay, rebuttal testimony from an officer that the victim’s allegations were credible?” 2. “If the officer’s brief victim-credibility test...
“The Fourteenth Court erred by holding that a motion to dismiss that explicitly reserved the State’s right to refile was retroactively converted into an ‘immunity agreement’ when the trial court dismissed a subsequent case on grounds of equitable immunity. Nothing in the record shows the trial co...