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EX PARTE MACIAS, HECTOR

06/28/2017

“The Eighth Court’s holding that rule 25.2(g)’s jurisdictional bar does not apply to deprive a trial court of jurisdiction pending issuance of the mandate on a State’s interlocutory appeal–the basis of the Eighth Court’s ultimate conclusion that Macias’s premandate trial was improperly terminated...

RITCHERSON, KAITLYN

05/03/2017

"The court of appeals failed to apply this Court's decision in Saunders v. State, 840 S.W.2d 390 (Tex.Cr.App. 1992) in determining that petitioner was not entitled to a lesser-included charge on manslaughter when the jury could reasonably have interpreted petitioner's mens rea as recklessness abo...

BECK, CLINTON DAVID

02/15/2017

"The Court of Appeals held that Mr. Beck had forfeited his right to challenge on habeas review the constitutionality of Texas Penal Code Section 21.12(a)(3), the statute of conviction, because he did not raise the issue at trial or on appeal. In dicta, the lower court implied that if the issue ha...

HERNANDEZ, TEODORO

02/01/2017

"Is the evidence sufficient to prove aggravated assault with a deadly weapon when the State proves the offense alleged in the indictment, but there is a variance between the pleadings and proof as to the specific deadly weapon?" "If, in the course of single criminal episode, Appellant assaults...

OWINGS, RICHARD CHARLES, JR.

02/01/2017

"The trial court's failure to require an election by the State should not have resulted in a reversal when the testimony regarding multiple incidents of abuse was admissible, the descriptions of each incident were essentially the same, the jury was charged on only one offense, and the appellant's...

BURCH, DAN

01/25/2017

"The Ninth Court of Appeals misapplied the standard set forth in Riley v. State, 378 S.W.3d 453 (Tex. Crim. App. 2012), when it ignored the trial court's ability to disbelieve the affidavits provided in support of the appellant's motion for new trial and concluded the appellant established he w...

FORD, KIMBERLY

01/25/2017

"Whether a shopper's concealing merchandise inside her purse in a shopping cart gives rise to probable cause to arrest her for theft?" "Whether a Suspect's innocent but unverifiable explanation for otherwise highly suspicious conduct negates probable cause? In particular, whether a shopper's c...

HALLMARK, JAMIE

01/25/2017

"Appellant failed to preserve any of the complaints that underlie the court of appeals' opinion." "Did the court of appeals misinterpret the record and thus misapply Moore v. State, 295 S.W.3d 329, 332 (Tex. Crim. App. 2009), which held that judges may not play any role in plea negotiation?" ...