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METCALF, LYDIA

02/06/2019

“Whether the court of appeals erred by striking down the verdict of the jury that Metcalf was guilty as a party to the sexual assault of her daughter, 1.   by conflating the requirements of subsections 7.02(a)(2) and 7.02(a)(3) of the Texas Penal Code and thus imposing upon the State an addition...

MUSA-VALLE, JOSÉ

01/09/2019

1. “Did the court of appeals err by failing to recognize municipalities’ authority, granted pursuant to the doctrine of home-rule cities and by Texas Penal Code § 42.12(d), to ban the discharge of firearms?” 2. “Did the lower court err by holding the San Antonio Ordinance should be construed as ...

DELAFUENTE, JESSE GALINDO

12/12/2018

“Following this Court’s recent decision in Shortt v. State, when an appellant timely files a notice of appeal to appeal his conviction, must he file an additional notice of appeal to maintain his appeal of the conviction if the trial court later signs an order or judgment permitting ‘shock’ proba...

FRANKLIN, DEMOND

12/12/2018

1. “The Court of Appeals erred in ruling that appellant’s Miller v. Alabama claim was forfeited by inaction.” 2. “The Court of Appeals erred by ruling the age of the defendant at the time of the offense is an affirmative defense for which the defendant bears the burden of proof.” 3. “Even if de...

CARSNER, LAURA

12/05/2018

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...

PIPER, MAURICE LAMAR

12/05/2018

“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...

BELTRAN DE LA TORRE, LISANDRO

10/03/2018

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...

DIRUZZO, JOSEPH

09/26/2018

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...