Issues Pending as of May 9, 2012
Issues Pending as of May 9, 2012
CCA
Case No.
Defendant's
Name

TIBA's G&S Cite
Case Citation
(What Was Granted?)(Date Granted)(County)
Issue(s) Granted
PD-1231-11 Abney, Rickey Dewayne None

05-10-0260-CR
Appellant's 02/15/2012 Kaufman / Possession of Marihuana
The Court of Appeals erred when it held reasonable suspicion was proven to stop appellant's vehicle for the traffic code violation of driving in the left lane without passing and that the lack of signage at the location was only a "defense to prosecution"; -Can driving in the left lane without passing be a traffic violation if there is no sign prohibiting the conduct at or near the time and place of the alleged violation?
AP-76,727 Adieu, Philippe None
05-11-0883-CV
Relator's 02/15/2012 Collin / Mandamus
If an appellate court has jurisdiction to consider whether the trial court should be ordered to rule on a pending motion relating to a future, un-filed habeas corpus application.
PD-1102-11 Balentine, Brian Unpublished

09-09-0354-CR
Appellant's 12/07/2000 Montgomery / Robbery
1. The Court of Appeals erred in their finding that the phrase the State deleted from the indictment, "...and causing Robert Rhodes hand to be sprained..." was an abandonment of another manner and means and was not a substantial amendment.

2. The Court of Appeals erred in finding that Balentines' substantial rights were not prejudiced by the State's alteration to the indictment.

3. The Court of Appeals erred in not finding that the evidence was insufficient to support Balentines conviction for robbery.

PD-1909-11 Bays, Michael Jay None

06-10-0115-CR
State's 04/25/2012 Gregg / Possession of Controlled Substance
1. The Court of Appeals erred in holding that continued, systemic, and unabated violations of a defendant's right to be tried free of restraint and shackle by a trial judge could never be considered by a reviewing court in a harmless error analysis.

2. The Court of Appeals erred by placing the burden of proof on the Petitioner to show that the leg irons by which he was shackled were visible to the jury, or otherwise infringed upon his constitutional right to be tried without restraints.

PD-0087-12 Bell, Vaughan Ray Vol. 19, No. 38
09/26/2011

356 S.W.3d 52
Appellant's 04/25/2012 Fannin / Indecency with a Child
Does Article 38.72 of the Texas Code of Criminal Procedure "clearly contemplate" that an outcry statement will be offered only through an outcry witness, or may a videotape of the child's outcry to that witness be played if both the witness and child are available for cross-examination?
PD-0889-11 Blackshear, George Vol. 19, No. 22
06/06/2011

342 S.W.3d 777
State's 02/01/2012 Harris / Possession of Controlled Substance
1. Did the defendant's oral and unsworn motion for continuance preserve error regarding the defendant's claim that he was improperly denied a transcript from the guilt-innocence portion of his trial before proceeding to a retrial as to punishment only?

2. Did the Fourteenth Court of Appeals err when it extended this Court's holding in White v. State to require that trial courts furnish a copy of the transcript of the guilt-innocence proceedings to a defendant before a retrial even when the retrial takes place almost immediately after the first trial and is limited to punishment only?

3. Does the Fourteenth Court of Appeals interpretation of White v. State create an irrebuttable presumption of a defendant's need for a prior transcript?

4. Should a court of appeals conduct a harm analysis after an allegedly erroneous denial of a motion for continuance to obtain a transcript of the guilt-innocence proceedings when the only issue on retrial is proper punishment?

PD-0767-10 Blanton, Donald Gene None
05-09-0078-CR
Appellant's 12/08/10 Kaufman / Burglary of a Habitation
Did the Court of Appeals correctly rule that Tex,R,App,P.,23.1, Rule 23. does not grant any additional jurisdiction for this Court to review the June 12, 2009, nunc pro tunc proceeding. (M.O.p3,).
PD-1892011 Blasdell, Brandon Scott None

09-09-0286-CR
Appellant's 03/21/2012 Montgomery / Aggravated Robbery
The Trial Court Abused its Discretion When it Excluded the Testimony of the Appellant's Eyewitness Identification Expert as to the "Weapon Focus Effect."
PD-0039-12 Bonds, Michael Ray Vol. 19, No. 39
12/12/2011

02-11-0086-CR
State's 03/28/2012 Montague / Poss. of Cont. Sub.
1. Did the court of appeals err in holding that the search warrant failed to provide a nexus between Appellant, the drugs, and the house searched because the warrant listed a possibility incorrect numerical address for the target house when other definitive descriptive facts in the warrant established a sufficient nexus?

2. Can the subsequent discovery of a warrant's ambiguity, as a result of the use of a possibly incorrect numerical address to describe the place to be searched, provide a reason for invalidating the warrant when the officer reasonably relied upon Appellant's use of that address to identify his home?

PD-1607-10 Bowen, Deborah Vol. 18, No. 36
09/20/2010

11-08-0262-CR
State's 03/02/2011 Fisher / Misapplication of Fiduciary Property
Should Collier v. State, 999 S.W.2d 779 (Tex.Cr.App. 1999), be overruled?
PD-1502-11 Brewer, Sean Christopher None

03-10-0006-CR
State's 01/25/2012 Travis / DWI
1. Is a complaint preserved when a timely, nondescript objection is ignored by the trial court, the defendant later asks only for a mistrial even though any harm was curable, and a request for an instruction to disregard is first made after another witness begins testifying and a video is played?

2.Is a trial court's direct response to counsel's evidentiary argument during the State's case-in-chief "naturally and necessarily" a comment on the defendant's failure to testify?

PD-0049-12 Bryant Robert Vol. 19, No. 41
10/17/2011

No. 11-10-0145-CR
State's 03/07/2012 Midland / Misapplication of Trust Funds
1. Did the trial court's alleged failure to comply with Tex. Code Crim. Proc. art 42.037(h), which mandates that judge "consider" factors concerning an individual's ability to pay restitution, render the evidence insufficient to supports its decision to revoke community supervision or is this alleged failure merely trial court error that must be preserved by objection?

2. Did the trial court fail to "consider" factors concerning Appellant's ability to pay restitution as required under Tex. Code Crim. Proc. art 42.037(h)?

PD-1398-11 Burke, David None

No. 09-10-0456-CR
Appellant's 11/16/2011 Jefferson / Official Oppression
The Court of Appeals erred in holding that the trial court did not err in denying Appellant's challenge for cause to prospective juror Yoast after his responses left no room for doubt that he could not be a fair and impartial juror given his past experience with law enforcement.
PD-1280-11 Burt, Lemuel Carl None

05-09-0116-CR
Appellant's 02/08/2012 Dallas / Misapplication of Fiduciary Property
1. The Court of Appeals' Determination That The Trial Court's Error Is Subject To Waiver Violates Appellant's Right To Procedural Due Process Under The Fourteenth Amendment To The United States Constitution. Lankford v. Idaho, 500 U.S. 110, 126 (1991); In re Oliver, 333 U.S. 257, 273 (1948); Baldwin v. Hale, 68 U.S. 223, 233 (1864).

2. The Court of Appeals' Affirmed The Trial Court's Written Restitution Order Which Contradicts The Oral Sentencing Pronouncement. The Court of Appeals' Determination That The Trial Court's Error Is Subject To Waiver Conflicts With This Court's Decisions in Bailey v. State, 160 S.W.3d 11 (Tex. Crim. App. 2004), Taylor v. State, 131 S.W.3d 497 (Tex. Crim. App. 2004) and Ex parte Madding, 70 S.W.3d 131, 135 (Tex. Crim. App. 2002).

3. The Court of Appeals' Determination That Appellant Waived Objection To The Trial Court's Written Restitution Order Despite The Absence Of An Oral Restitution Pronouncement Conflicts With The Decisions Of Every Other Court Of Appeals Which Has Considered The Issue. e.g., Alexander v. State, 301 S.W.3d 361 (Tex. App. -- Fort Worth 2009, no pet.); Sauceda v. State, 309 S.W.3d 767 (Tex. App. -- Amarillo, pet. ref'd).

4. The Restitution Order Is An Illegal Sentence Because It Orders Payment to Non Victims Who Are Not Named In The Indictment. The Court Of Appeals Affirmed The Illegal Sentence In Violation Of This Court's Decisions In Ex parte Rich, 194 S.W.3d 508 (Tex. Crim. App. 2006), Ex parte Lewis, 892 S.W.2d 4, 6 (Tex. Crim. App. 1994), and Gordon v. State, 707 S.W.2d 626, 629 (Tex. Crim. App. 1986).

PD-1521-11 Casanova, Matthew John None

08-10-0006-CR
State's 02/08/2012 Orange / Possession of Controlled Substance
1. The court of appeals erred by failing to defer to the jury's determinations of weight and credibility regarding the non-accomplice witness testimony, thereby finding that Appellant was egregiously harmed.

2. The Court of Appeals erred in holding that the trial court's failure to read the charge, which was submitted in writing to the jury, resulted in egregious harm to Appellant, as there was no evidence to suggest the jury failed to read the charge.

PD-1427-11 Castillo, Mario Amaro None

02-11-0172-CR
Appellant's 01/25/2012 Denton / Assault
The Court of Appeals decision incorrectly dismissed Petitioner's appeal for want of jurisdiction.
PD-1675-10 Cavazos, Abraham None
329 S.W.3d 838
Appellant's 05/04/2011 El Paso / Murder
1. The Court of Appeals erred when it held manslaughter was not a lesser-included offense of the charged murder.

2. The Court of Appeals erred when it held the trial court did not err by denying Appellant's request to instruct the jury on manslaughter.

PD-PD-1584-11
PD-1585-11
Celis, Mauricio Rodriguez None

13-09-0478-CR
Appellant's 02/01/2012 Nueces / Falsely Holding Oneself Out a a Lawyer
1. The Court of Appeals erred by holding that a culpable mental state was not required under § 38.122.

2. The Court of Appeals erred by holding that Appellant was not entitled to a charge on mistake of fact.

3. The Court of Appeals erred by holding that inclusion of a definition of the term "foreign legal consultant" in the jury charge was not error.

AP-76,547 Chaddock, Jesse None Habeas Applicant's 05/11/2011 Dallas / Engaging in Organized Crime
Whether two separate prosecutions for engaging in organized criminal activity and the underlying offense (in this case aggravated assault) violate the double jeopardy clause of the US Constitution.
PD-0344-12 Cook, David Nathaniel Vol. 20, No. 8
02/27/2012

02-10-0338-CR
Appellant's & State's 05/09/2012 Denton / Manslaughter
(State's): Whether the Court of Appeals properly found that Appellant's sole issue was preserved for appellate review where his objection at trial (motion for mistrial) was not timely made and was not specific enough to apprise the trial court of the complaint he makes on appeal (the trial court erred in reconvening jury and accepting new punishment verdict) (see 6 R.R. at 58; Appendix A at 12).

(Appellant's): If a trial judge accepts a jury verdict, releases the jurors from their oaths, allows the former jurors to leave the courtroom and tells them they are free to discuss the case, sentences the defendant in accordance with the legal verdict, and then improperly reconvenes the jury for a second deliberation over objection, should the court of appeals reform the judgment to reflect the only proper, legal verdict?

PD-1886-11 Cox, Kenyon Grady None

02-09-0297-CR
State's 04/04/2012 Tarrant / Aggravated Sexual Assault (2x); Indecency with a Child (2x)
1. The lower court, relying on this court's opinion in Andrews, ignored Strickland's deferential standard and held that defense counsel's representation fell below the standard of prevailing professional norms -- all in the face of a silent record. Further, what record does exist actually supports a finding of reasonable conduct. RR 3:155-56; CR:232.

2. The lower court failed to properly apply the deferential review required by Strickland v. Washington's conduct prong and instead construed every presumption of reasonableness against defense counsel. RR 3:155-56; CR:232.

PD-0645-11 Crabtree, Mark None
12-09-0322-CR
Appellant's 11/02/2011 Smith / Failure to Register as Sex Offender
1. Did the Court of Appeals err in concluding that, contrary to clear statutory language, Article 62.003(a) of the Texas Code of Criminal Procedure does not require the Department of Public Safety to make a finding as to the substantial similarity between an extra-jurisdictional conviction and one that would require sex offender registration in Texas in order to support a Texas conviction for failing to register as a sex offender.

2. Due to the permissive nature of the Court's holding in Juarez v. State regarding the specificity with which an indictment charging the offense of failure to register as a sex offender must be pleaded, a situation has been created which deprives defendants of their due process right to notice of the charge against them as well as their right to effective assistance of counsel and has resulted in the potential for unnecessary litigation and confusion among the bench and bar.

PD-1252-11 Crenshaw, Bradley Kelton None

02-08-0304-CR
State's 12/14/2011 Tarrant / Driving While Intoxicated
1. Can submission of a jury charge with an application paragraph that tracks the information's language verbatim erroneously expand on the allegations of the information, constituting charging error?

6. In light of Barbernell, can abstract submission of both intoxication definitions constitute harmful error under Almanza where the application paragraph tracks the information's use of the subjective intoxication definition?

PD-0769-11
PD-0770-11
D'Angelo, Joseph Vol. 19, No. 1
01/10/2011

339 S.W.3d 143
Appellant's 08/24/2011 Tarrant / Injury to a Child
1. The Court of Appeals decision departed so far from accepted and usual course of judicial proceedings, or sanctioned such departure by the lower court, as to call for the exercise of the Court of Criminal Appeals’ power of supervision when it granted immunity to the petitioner to require him to answer questions put to him on the allegations in the indictment for which the petitioner refused to acknowledge guilt.

2. The Court of Appeals has decided an important question of state law that has not been but which should be decided by this Honorable Court in that it has held the petitioner may be questioned on the indictment allegations to which no plea was entered.

PD-1717-11 Daughtery, Tonya Jean None

05-10-0832-CR
State's 02/08/2012 Collin / Theft of Service
This Court held in Cada v. State that "immaterial variance" law as set out in Gollihar does not apply to the specific statutory elements alleged in the indictment. But what happens when the allegation at issue is not a statutory element and not part of the definitions of the offense but originates from another statute entirely? Does Gollihar's two-part test for materiality apply?
PD-0042-11 Davis, Caleb Leroy Vol. 18, No. 44
11/15/2010

04-09-0694-CR
State's 02/09/2009 Bexar / Burglary
Whether the appellate court erred in holding that the trial court had authority to grant a motion for reconsideration or reduction of sentence and modify the original sentence outside the presence of the defendant and the State.
AP-76,763
AP-76,764
DeLeon, Jesus None
Habeas Corpus
03/28/2012 / Cameron / Habeas Applicant's / Sex Related Offenses
1. Whether, based on the totality of the record, waiver of appeal was an implicit or explicit element of the plea agreements; and

2. Whether Applicant's guilty pleas were rendered involuntary because the State re-indicted Applicant's brother after Applicant appealed his convictions.

PD-1457-11 de los Reyes, Joel Vol. 19, No. 37
09/19/2011

350 S.W.3d 723
State's 01/11/2012 El Paso / Theft
Did the Court of Appeals err in holding that Padilla v. Kentucky, 130 S.Ct. 473, 176 L.Ed.2d 284 (2010), applied retroactively to the collateral review of state convictions that were final when the Padilla opinion was issued?
PD-1547-10 Doan, Dustin Vol. 18, No. 38
10/04/2011

322 S.W.3d 896 (Amarillo 2010)
Appellant's 05/04/2010 Travis / Habeas Corpus
The Court of Appeals erred in holding that the Brazos County Attorney and the Travis County Attorney were not the "same parties" for collateral estoppel purposes.
PD-1389-11 Dotson, James Nicholas None
05-09-1034-CR
Appellant's 11/09/2011 Collin / Injury to a Child
1. The Court of Appeals erred in holding that the jury is presumed to follow the jury charge even when the trial court has repeatedly orally contradicted the charge.

2. The Court of Appeals erred in holding that defense counsel's attempts to correctly state the law, even though denounced by the trial court, constitute "remedial action" sufficient to make the trial court's repeated misstatements harmless.

3. The Court of Appeals erred in holding that repeated misstatements of the law by the prosecutor and judge, reinforced by a misleading Powerpoint presentation, would not have misled the jury regarding the law.

PD-1511-11 Duarte, Gilbert None

04-11-0040-CR
Appellee's 02/01/2012 Bexar / Possession of Controlled Substance
The analysis performed by the Fourth Court was erroneous in its application of the law to the facts to such a degree that the Fourth Court essentially provided no appellate review. The opinion glossed over the problems with the magistrate's finding of probable cause, notwithstanding that the supporting affidavit was minimal at best, failing to put in the most basic information, without which a magistrate cannot possibly make a valid and credible determination of probable cause for a search warrant.
PD-0882-11 Elizondo, Becky Vol. 19, No. 16

04/25/2011
Appellant's 11/02/2011 Lubbock / Theft
Did the lower court err in determining that an agency relationship did not exist between the Loss Prevention Officer and the Lubbock Police Department and the District Attorney's Office?
PD-1873-11 Esparza, Carlos Vol. 19, No. 45
11/14/2011

353 S.W.3d 276
Appellee's 02/29/2012 El Paso / Driving While Intoxicated
1. The court of appeals appears to have misconstrued T.R.A.P. 33.1 by expanding this waiver rule to a party like Petitioner Esparza who seeks to uphold and defend the trial court's judgment or ruling rather than present a complaint for appellate review.

2. By reversing the trial court's suppression ruling on a legal theory not raised or presented to the trial court, the court of appeals has decided an important question of state law which squarely conflicts with applicable decisions of the Texas Court of Criminal Appeals.

3. The court of appeals' holding that a trial court's suppression order can be vacated on a legal theory not presented to the trial court disregards the manner in which other courts of appeals have decided the issue.

4. By holding that a party must use the words "reliability" or "accuracy" and specifically refer to Evidence Rule 702 as a prerequisite to asserting a challenge to the reliability or accuracy of scientific evidence in order to preserve error, the court of appeals appears to have misconstrued the meaning of Texas Rule of Criminal Evidence Rule 103.

PD-1693-11 Everitt, Michael Paul None

01-10-0504-CR
Appellant's 04/04/2012 Harris / Driving While Intoxicated
1. Whether the court of appeals erred in finding that Appellant did not preserve error in his objection to testimony of Police Officer Francis Paul LaSalle concerning his purported use of hydrocodone.

2. The trial court abused its discretion ruling in admitting Officer Francis Paul LaSalle's expert testimony concerning Appellant's purported use of hydrocodone.

PD-0119-12 Fienen, Casey Ray None

06-11-0087-CR
Appellant's 04/18/2012 Fannin / Driving While Intoxicated
The Court of Appeals erred in concluding that Mr. Fienen voluntarily provided a specimen of his breath following his arrest for DWI, contrary to the holdings in Erdman, Hall and Sells.
PD-1516-11 Garcia, Aima Lorena Vol. 19, No. 37
09/19/2011

346 S.W.3d 930
State's 12/14/2011 Midland / Endangering a Child
1. Has a child sustained bodily injury from being too cold as contemplated by the Texas Penal Code § 1.07(a)(8)? TEXAS PENAL CODE ANN. § 1.07(a)(8) (Jones McClure 2011).

2. By failing to properly clothe a child one to two years of age in a manner necessary for the cold weather and surroundings has the appellant engaged in conduct which placed the child in imminent danger of death, bodily injury, and physical and mental impairment as contemplated by the Texas Penal Code § 22.041(c)? TEXAS PENAL CODE ANN. § 22.041(c) (Jones McClure 2011).

PD-1846-11 Garcia, Victor Martinez None

13-10-0284-CR
State's 02/29/2011 San Patricio / Possession of Controlled Substance
1. Does a plea of true to an allegation in a motion to revoke community supervision effectively waive any subsequently raised defenses to revocation?

2. Has the affirmative defense provided for by Article 42.12 section 24 of the Code of Criminal Procedure eliminated the common law due diligence defense?

3. Is the failure to successfully complete residential treatment by withdrawing from the facility without written release from the trial court a "failure ... to remain in a specified place" under article 42.12 section 24?

4. Is the failure to report a change of address within two working days a "failure to report to a supervision officer as directed" under article 42.12 section 24?

5. Is a defense attorney's unsworn argument sufficient to satisfy his client's burden of proof under article 42.12 section 24 such that revocation was an abuse of discretion in this case?

PD-0934-11 Garrett, Kimberly Shervon None
No. 05-06-1288-CR
Appellant's 09/28/2011 Dallas / Possession of Controlled Substance
The Court of Appeals erred in failing to apply the rule of lenity in the decision to allow the trial court to extend Garret[t]'s state jail probationary period when the extension was not statutorily provided.
PD-1522-11 Gelinas, James Henry None

08-09-0246-CR
State's 12/14/2011 El Paso / Driving While Intoxicated
This Court should re-examine the reasoning of its egregious-harm analysis in the plurality opinion in Hutch v. State.
PD-1470-11 Gipson, Raymond Kevon Vol. 19, No. 33
08/22/2011

347 S.W.3d 894
State's 01/11/2012 Jefferson / Assault on a Family Member
Does a defendant's plea of true to the State's allegations in a motion to revoke community supervision that the defendant failed to pay the court-assessed fine, costs, and fees relieve the State and the trial court of the requirement to establish that no payment was made despite the ability to do so, the failure to pay was willful, and no bona fide effort to pay was made before supervision can be revoked?
PD-0683-11 Gonzales, Jimmy Vol. 19, No. 16
04/25/2011

342 S.W.3d 151
Appellant's 09/14/2011 Taylor / DWI
When a police officer undertakes a "community caretaking" stop of a motor vehicle but, prior to the stop, changes his mind about the need to investigate the driver's well being, is a subsequent detention and arrest illegal?
AP-76,545 Green, Jerry Wayne None Habeas Applicant's 05/04/2011 Harris / Murder
Whether counsel's performance was deficient and whether Applicant was prejudiced by the totality of counsel's representation. Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 674 (1984); Ex parte Welborn, 785 S.W.2d 391 (Tex. Crim. App. 1990).
PD-1688-11 Gross, Jimmie Vol. 19, No. 41
10/17/2011

352 S.W.3d 238
State's 02/15/2012 Harris / Murder
1. Did the court of appeals err in its sufficiency-of-the-evidence review by utilizing a divide-and-conquer approach rather than viewing all the evidence collectively and allowing for the jury's ability to draw reasonable inferences therefrom?

2. Is the evidence of appellant's intent sufficient to support his conviction under the law of parties?

PD-1658-11 Gutierrez, Mariciela Rodriguez Vol. 19, No. 42
10/24/2011

06-11-0017-CR
State's 01/25/2012 Smith / Possession of Controlled Substance
The court of appeals erred in holding that appellant could challenge a condition of her community supervision for the first time on appeal contrary to this Court's decision in Speth v. State, 6 S.W.3d 530, 534-35 (Tex. Crim. App. 1999), and its progeny.
PD-1791-11 Hamal, Angela Dodd Vol. 19, No. 40
10/10/2011

352 S.W.3d 835
Appellant's & State's 02/29/2012 Wise / Possession of Controlled Substance
Appellant's

Did the Court of Appeals err by affirming the trial court's decision that the arresting officer had reasonable suspicion to continue Petitioner's detention beyond the time necessary to effectuate the purpose of the traffic stop?

State's

1. Do statements made by the suspect after being informed of her continued detention affect the reasonable suspicion justifying that detention?

2. Is the reasonableness of an officer's opinion of a suspect's understanding of an undisputed question and answer recorded on video a "fact issue" for the jury to resolve pursuant to Article 38.23?

PD-1682-11 Hassan, Adbihakim Vol. 19, No. 32
08/15/2011

346 S.W.3d 234
State's 01/11/2012 Harris / Failing to Stop and Render Aid
(State's): Is using two out of three peremptory strikes against two of five members of a group in a strike zone of twelve a "suspiciously large" repetition of strikes or an "unexpectedly high" rate of challenges sufficient to establish a presumption of purposeful discrimination?

(Court's Own Motion) Did the Court of Appeals err to find that Appellant met his burden of proving purposeful discrimination in the prosecutor's use of his peremptory strikes?

PD-0495-11 Hicks, Narada Vol. 19, No. 11
03/21/2011
14-10-0355-CR
State's 10/19/2011 Travis / Attempted Murder
(Appellant) The Court of Appeals' panel majority erred in ordering a new trial, rather than ordering this case remanded with instructions to enter a judgment of acquittal, after petitioner's jury impliedly acquitted him of the charged offense and expressly convicted him of an improperly-submitted offense that was not authorized by the charging instrument.

(State) Does the Fourteenth Court of Appeals' determination that the offense of aggravated assault committed by reckless conduct is not a lesser included offense of the offense of aggravated assault committed by intentional or knowing conduct run afoul of the plain language of Article 37.09 and the spirit of Grey v. State, 298 S.W.3d 644 (Tex. Crim. App. 2009)?

PD-1466-11 Jacobson, Jonathan Vol. 19, No. 25
06/27/2011

343 S.W.3d 895
Appellant's 12/07/2011 Lubbock / Aggravated Sexual Assault
Since defendants suffer the "cruel trilemma" created by DeGarmo v. State, 691 S.W.2d 657 (Tex. Crim. App. 1985), regardless of the type of error raised, should the precautions of Leday v. State, 983 S.W.2d 713 (Tex. Crim. App. 1998), be extended to a broader class of guilty-phase errors?
AP-76,575 Jimenez,Antonio Davila None
Habeas Corpus
06/15/2011 Bexar
Whether the Subsequent Vacation and Dismissal of the Predicate Felony Renders a Conviction for Felon in Possession Void.
AP-76,669 Jimenez, Rosa Estela Olvera None
Habeas Corpus
11/02/2011 Travis
(1) Whether this Court should review Applicant's due process claim for the first time in an application for a writ of habeas corpus.

(2) Whether Applicant was denied due process under Ake v. Oklahoma, 470 U.S. 68 (1985).

(3) Whether trial counsel rendered ineffective assistance by hiring Dr. Ira Kanfer as an expert.

(4) Whether trial counsel rendered ineffective assistance by not hiring qualified experts

(5) Whether trial counsel rendered ineffective assistance by not making an adequate written request for expert assistance; and

(6) Whether trial counsel rendered ineffective assistance by not objecting and requesting a mistrial or continuance in response to Dr. Kaner's conduct.

PD-0209-12 Johnson, Jackie None

14-10-1089-CR
Appellant's 04/04/2012 Harris / Possession of Marihuana
1. Did the panel majority of the Fourteenth Court of Appeals misconstrue and misapply the standard of review dictated by the Texas Court of Criminal Appeals and the United States Supreme Court when it substitutes the trial court's explicit findings with the panel majority's implicit findings and applied these substituted findings to the law to support trial court's ruling?

2. Did the Panel Majority, in conflict with opinions of the Texas Court of Criminal Appeals and decisions of the Unites States Supreme Court, err to infer from the record testimony that, notwithstanding the trial court's finding to the contrary, the evidence demonstrates the trial court could have concluded that a reasonable person in Johnson's position would have believed that he was free to ignore officer Hendrie's requests or terminate the interaction, and therefore the initial interaction between Hendrie and Johnson was a voluntary encounter rather than a Fourth Amendment seizure?

PD-0282-12
PD-0283-12
Jones, Christina Carletta None

05-10-1561-CR
Appellant's 05/02/2012 Dallas / Fraudulent Use or Possession of Identifying Information
1. Did the Court of Appeals err in holding that § 32.51 and § 38.02 of the Texas Penal Code are not in pari materia.

2. Did the Court err in its opinion that Petitioner waived the Jackson v. Virginia standard of review when she entered a conditional plea of no contest to every element except the intent to defraud and the Trial Court agreed to hear the case based on the conditional plea of no contest to protect Petitioner's right to deferred adjudication.

PD-1837-11 Kerwick, Stacie Michelle Vol. 19, No. 46
11/21/2011

02-10-0312-CR
State's 02/08/2012 Tarrant / DWI (State's Appeal)
1. The Court of Appeals misapplied the bifurcated standard of review mandated by Guzman v. State, 995 S.W.2d 85, 89 (Tex. Crim. App. 1997), by failing to apply settled Fourth Amendment principles de novo to the trial court's written fact findings.

2. The Court of Appeals misapplied Terry v. Ohio and its Texas progeny by affirming evidentiary suppression where the trial court's written fact-findings mirrored the officer's suppression-hearing testimony and described articulable facts setting out unusual activity connected to the detainee which reasonably appeared to be crime-related. See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968); Derichsweiler v. State, 348 S.W.3d 906 (Tex. Crim. App. 2011), cert. denied, 132 S.Ct. 150 (2011).

3. The Court of Appeals misapplied Terry v. Ohio by ignoring Terry's underlying rationale which, in effect, authorizes law enforcement to call a proverbial time-out to maintain the status quo in order to discern whether a scenario requires further legal action when a reasonable articulable suspicion exists.

PD-1632-11 Krajovic, Paul Vol. 19, No. 37
09/19/2011

329 S.W.3d 523
State's 01/25/2012 Denton / Murder
1. Whether the Court of Appeals' panel majority improperly applied the law on defensive instructions where there was no evidence that supported a rational inference that the requested defensive instruction on the "Castle Doctrine" applied to the case.

2. Whether the Court of Appeals' panel majority erred by holding the lack of the requested instruction was harmful where there was no evidence whatsoever of "retreat," or even the possibility thereof, and where a self-defense claim would have failed regardless of whether Appellant was legally required to retreat or not.

PD-1279-11 Kretzer, Ace None

09-11-0181-CR
Appellant's 11/16/2011 Newton / Indecency with a Child
1. The decision of the Court of Appeals in this case conflicts with the decisions of numerous other Courts of Appeal regarding the application of Article 17.151 of the Texas Code of Criminal Procedure in holding that the statute is not mandatory in that the trial judge has discretion to set Appellant's bond in an amount higher than he can afford if releasing Appellant on an affordable bond or a personal bond might affect the safety of the community or a victim.

2. The decision of the Court of Appeals conflicts with the past decision of the Texas Court of Criminal Appeals in Rowe v. State, 853 S.W.2d 581 (Tex. Crim. App. 1993) regarding the mandatory nature of Article 17.151 of the Texas Code of Criminal Procedure.

3. The Court of Appeals has misconstrued and misapplied Article 17.15(5) of the Code of Criminal Procedure in apparently finding that the Legislature intended Article 17.15(5) to apply as an exception to the release of Appellant because of delay under Article 17.151 of the Texas Code of Criminal Procedure.

PD-0323-11 Louis, Corey Don Vol. 18, No. 50
12/27/2010

329 S.W.3d 260
State's 04/13/2011 Fannin / Capital Murder - Life Sentence
1. Did the Court of Appeals violate Jackson v. Virginia by not considering all of the evidence, re-assigning weight and credibility, and generally not viewing the evidence in the light most favorable to the verdict?

2. Was the evidence sufficient?

3. Is an instruction on mistake of fact appropriate when the mistaken "fact" is the result of the conduct in a result-of-conduct offense?

4. Is mistake of fact applicable to lesser-included offenses when the culpability negated by the mistaken belief applied only to the greater offense?

5. Does mistake of fact apply to the culpable mental states of recklessness and criminal negligence?

6. Is the failure to submit a mistake of fact instruction that merely denies the charged offense ever harmful?

7. Is instructing the jury that it may infer intent or knowledge from acts done or words spoken ever harmful, alone or in combination with other erroneous instructions?

PD-1338-11 Martinez, Miguel Angel Unpublished

13-10-0390-CR
Appellant's 12/07/2011 Cameron / Aggravated Sexual Assault (Habeas Corpus)
(1)The Thirteenth Court of Appeals erred when it affirmed that Attorney Rick Canales was effective in properly advising Mr. Martinez of the immigration consequences of pleading no contest [sic] to aggravated sexual assault.

(a) The Thirteenth Court of Appeals' decision conflicts with the Fourth Court of Appeals decision in Ex Parte Romero, No. 04-11-00175-CR (Tex. App.–San Antonio 2011). Texas Rule of Appellate Procedure 66.3(c);

(b) The decision of the Thirteenth Court of Appeals requires review because the Court of Appeals has so far departed from the accepted and usual course of judicial proceeding as to call for an exercise of the Court of Criminal Appeals' power of supervision. Texas Rule of Appellate Procedure 66.3(f).

PD-1035-11 Mazuca, Alvaro None
 

08-09-0102-CR
State's 09/14/2011 El Paso / Poss of Cont. Sub. w/ Intent to Deliver
By holding that the officers' discovery of outstanding arrest warrants and the officers' arrest of Mazuca on those warrants failed to attenuate or break the connection between the initial illegal detention and the subsequent discovery of evidence pursuant to a search incident to the arrest on the outstanding warrants, the Court of Appeals has improperly rejected established precedent from the Court of Criminal Appeals, other intermediate courts of appeals, and its own opinions. (RR at 56-58); (CR at 32, 35-37); State v. Mazuca, slip op. at 4-7.
PD-0803-11 McQuarrie, Thomas None

No. 13-09-0233-CR
Appellant's 11/16/2011 Gonzales / Sexual Assault
1. Did the Court of Appeals violate Petitioner's federal constitutional trial rights to confrontation and cross-examination by upholding the trial court's exclusion, pursuant to Rule 606(b) Tex.R.Evid., of juror testimony and affidavits offered for purposes of Petitioner's Motion for New Trial on the ground that a juror conveyed to other jurors harmful information obtained from her internet research during an overnight break in deliberations?

2. Did the Court of Appeals violate Petitioner's state constitutional trial rights to confrontation and cross-examination by upholding the trial court's exclusion, pursuant to Rule 606(b) Tex.R.Evid., of juror testimony and affidavits offered for purposes of Petitioner's Motion for New Trial on the ground that a juror conveyed to other jurors harmful information obtained from her internet research during an overnight break in deliberations? Issues

PD-0705-11 Miller, Christina Jean Vol. 19, No. 14
04/11/2011

04-09-0450-CR
Appellant's 11/02/2011 Kerr / Poss. of Cont. Sub.
1. The Fourth Court of Appeals erred in holding that a warrantless search was justified under the emergency doctrine when the emergency doctrine was not a theory urged by the State at the suppression hearing and when there was no evidence presented at the suppression hearing that officers remained in Appellant's home pursuant to the emergency doctrine.

2. Are law enforcement officers justified in remaining in a person's residence without a warrant under the guise of conducting a "warrant check" after the homeowner unequivocally tells officers to leave the residence?

3. When law enforcement officers remain in a person's residence without a warrant under the guise of conducting a warrant check after the homeowner unequivocally tells officers to leave the residence, are they committing the offense of Criminal Trespass which would render any evidence seized after the intrusion inadmissible?

PD-1169-11 Montgomery, Jeri Dawn Vol. 19, No. 24
06/20/2011

14-09-088-CR
State's 09/21/2011 Harris / Criminally Negligent Homicide
1. The court of appeals erred in holding that “cell phone usage while operating a vehicle” does not constitute morally blameworthy conduct and does not justify criminal sanctions.

2. The court of appeals erred in presuming that the negligent act in a criminally negligent homicide must itself be an illegal act.

3. The court of appeals erred in holding that the evidence was insufficient to prove criminally negligent homicide where the appellant was traveling less than 39 miles per hour and was 92 feet past the interstate highway entrance ramp at the time that she attempted to cross in front of other vehicles to enter the freeway.

4. The court of appeals erred in holding that the evidence was insufficient to prove criminally negligent homicide where the appellant was admittedly distracted by talking on a cell phone at the time that she attempted to cross in front of other vehicles to enter the interstate highway ramp, which she had already missed by 92 feet.

PD-0965-11 Moore, Jammie Lee Vol, 19, No. 15
04/18/2011

339 S.W.3d 365
(Amarillo 2011)
Appellant's 10/05/2011 Potter / Possession of Controlled Substance (Meth)
1. May a court of appeals interpret a statute, as a matter of first impression statewide, with an opinion that omits any consideration of the issue raised?

2. Is insufficient evidence of an increased punishment -- which would bar consecutive sentencing under §481.134(h) -- cognizable on direct appeal?

3. Does the statutory phrase "punishment that is increased..." require only that the punishment range have been increased?

4. Is a conviction for an offense listed in TEX. HEALTH & SAFETY CODE § 481.134 -- but not alleged to have been committed in a drug-free zone -- a "conviction under any other criminal statute"?

PD-1889-11 Moulton, David Len Vol. 19, No. 43
10/31/2011

??
State's 02/01/2012 Cass / Murder
1. Did Appellant's objection to all three manners and means on the basis that cause of death was not established preserve a complaint about the submission of the unknown means of asphyxiation on grounds consistent with Sanchez?

2. Is an appellant barred from complaining about alleged Sanchez error that results from his strategic decisions?

3. Does the reasoning of Sanchez apply outside the narrow confines of that case, i.e., a sealed crime scene with the suspect inside, combined with testimony expressly limiting the manner and means of the cause of death?

4. Did Appellant suffer actual harm, egregious or otherwise, from submission of an unknown manner and means of asphyxiation?

PD-1181-11 Ortiz, Octavio Vol. 19, No. 29
07/25/2011

346 S.W.3d 127
State's 02/15/2012 Lubbock / Poss. of Controlled Substance
1. Did the court of appeals misapply Dowthitt's reasonable, innocent person standard in determining that Appellant was "in custody" for Miranda purposes by focusing on the subjective facts and circumstances known to Appellee instead of on the objective facts and circumstances of the detention?

2. Did the court of appeals determine the handcuffing a detainee automatically converts a temporary detention into "custody" for Miranda purposes without regard for the totality of the circumstances and the reasonable, innocent person standard?

3. Can Appellee's statements, which supplied the probable cause to arrest him, be rendered inadmissible because of statements he made after probable cause arose and was manifested by him to the deputies, i.e., should the later statements be considered in the analysis of whether he was in custody when the earlier statements were made?

PD-1400-11 Outland, Russell None

09-10-0168-CR
Appellant's 01/11/2012 Montgomery / Aggravated Assault
The Court of Appeals erred in affirming Appellants automatic life sentence: The Court of Appeals committed Reversible error by Affirming Appellants automatic Life sentence under Texas Penal Code 12.42(c)(2) because the elements of Utah's "Sexual Exploitation of a Minor" Statute are not substantially similar to the elements of Texas' Child Pornography Statute.
AP-76,647 Parrott, Jimmie Mark None Habeas Applicant's 09/28/2011 Harris / Theft
(1) [Whether] the consideration of an illegal sentence claim raised on habeas corpus is confined to the enhancement paragraphs listed in the charging instrument, or whether, if other convictions were available at the time of sentencing, the enhanced punishment range would be proper even though the convictions listed as enhancements in the charging instrument were not available to use for some reason; and

(2) [Whether] a defendant is estopped from raising an illegal sentence claim when he knew at the time of sentencing that the enhancement paragraph as alleged was improper, but agreed to the sentence pursuant to a plea bargain agreement.

PD-1214-11 Payne, Jason Thad None
12-10-0027-CR
Appellant's 11/09/2011 Wood / Capital Murder - Life Sentence
1. The appeals court erred in finding that the evidence was legally sufficient to sustain a conviction where the experienced crime scene investigator called to the scene by the Wood County Sheriff's Office found that the deceased committed suicide, beyond question, based upon the evidence, and was not murdered.

2. The appellate court erred in holding that inadmissible, prejudicial and inflammatory hearsay admitted by the trial court was harmless.

AP-76,533 Ramey, Ker'sean Olajuwa None
Habeas Corpus
Art. 11.071, C.Cr.P.
04/06/11 Jackson Capital Murder
Whether the trial court erred in admitting testimony of Dr. Richard Coons withregards to the future dangerousness of applicant because Coons' testimony violates the EighthAmendment and applicant's rights to due process.
PD-1917-11 Ramos, David None

08-09-0279-CR
Appellant's 04/04/2012 El Paso / Manslaughter
Whether the Court of Appeals erred in holding that a hypothetically correct jury charge for manslaughter did not require the State to prove the act or acts relied upon to constitute recklessness.
PD-1268-11 Reinke, Brad Vol. 19, No. 31
08/08/2011
03-10-0722-CR
State's 10/19/2011 Travis / Attempted Murder
Does the language in Code of Criminal Procedure art. 46B.0095(a), which limits the cumulative period of commitment by the criminal court of an incompetent defendant to "the maximum term provided by law for the offense for which the defendant was to be tried," mean the maximum term provided by law for only the statutory offense and without the increase due to alleged enhancements?
PD-1867-11 Richardson, Stewart Le Vol. 19, No. 47
11/28/2011

335 S.W.3d 918
State's 03/07/2012 Tarranty / Aggravated Assault / Intoxication Assault
1. Does jurisdiction lie pursuant to article 44.01(a)(1) to authorize a State appeal where the trial court quashes indictment paragraphs which allege punishment enhancement? Tex. Code Crim. Proc. Ann. art. 44.01(a)(1)(West Supp. 2011).

2. Does the plain language of article 44.01 mean what it says, that is, that a trial court's dismissal of "a portion of an indictment" entitles the State to appeal? Tex. Code Crim. Proc. Ann. art. 44.01(a)(1).

3. Did the Second Court of Appeals' decision contravene statutory construction rules by failing to give effect to the plain meaning of article 44.01(a)(1)? Tex. Code Crim. Proc. Ann. art. 44.01(a)(1).

4. Did this Court's State v. Moreno decision mean what it said, that is, that article 44.01(a)(1)'s provision authorizing an appeal from an order "dismissing any portion of an indictment" is fulfilled whenever the trial court "effectively terminates the prosecution in favor of the defendant" by forcing any alteration in the indictment before trial and the State is not willing to comply with that order? State v. Moreno, 807 S.W.2d 327 (Tex. Crim. App. 1991); Tex. Code Crim. Proc. Ann. art. 44.01(a)(1).

5. Did the Second Court of Appeals also run afoul of State v. Moreno by failing to heed its admonition not to impede the State's right to appeal by focusing on technical pleadings' distinctions? Moreno, 807 S.W.2d at 334-33.

6. Did the Second Court of Appeals also run afoul of State v. Moreno by ruling contrary to the article 44.01(a)(1)'s legislative history, detailed in Moreno, which indicates that provision's enactment sought to grant Texas prosecutors the broad authority to appeal akin to the broad right of appeal enjoyed by federal prosecutors? State v, Moreno, 807 S.W.2d 327 (Tex. Crim. App. 1991); Tex. Code Crim. Proc. Ann. Art. 44.01(a)(1).

PD-1531-11 Riley, Billy Dee Vol. 19, No. 32
08/15/2011

345 S.W.3d 413
State's 01/11/2012 Bowie / Murder
The Sixth Court of Appeals failed to afford proper deference to the trial court's denial of Appellant's motion for new trial.
PD-0238-11 Robinson, Timothy Lee None
06-09-0225-CR
State's 06/29/2011 Titus / Possession of Controlled Substance w/ Intent to Deliver
Is the reasonableness of an officer's application of the law to the facts a question of fact for the jury?
PD-1264-11 Sanchez, Artemio Orlando Vol. 19, No. 22
06/06/2011

01-10-0433-CR
State's 11/09/2011 Harris / DWI
1. The court of appeals erred in holding that a statutory county court judge's authority is limited to acting solely within the county of the court.

2. The court of appeals erred in holding that a statutory county court judge could not issue a blood search warrant for a DWI suspect located in another county.

PD-0442-11 Scales, Courtney Jay None
No. 01-08-0932-CR
Appellant's 06/15/2011 Harris / Aggravated Robbery
1. The Court of Appeals erred in affording the trial court no discretion in relying upon a jury foreman’s testimony to support the showing of another juror’s disability, and instead requiring the testimony of the dismissed juror.

2. When confronted with an alleged violation of article 33.011, the Court of Appeals erred in applying a constitutional harm analysis in disregard of binding precedent from this Court.

PD-0594-11 Schmitt, Robert Joseph None
No. 05-10-0337-CR
Appellant's 10/05/2011 Collin / Aggravated Sexual Assault (2x)
1. Did the Fifth District Court of Appeals overlook the trial court's mandatory duty to order the two twenty-year sentences concurrent according to the 1997 amendment of the Texas Penal Code Ann., § 3.03, especially considering the failure of a trial court to comply with the mandatory duty, which has been deemed a clerical error as opposed to an error of judicial reasoning?

2. Is a Nunc Pro Tunc order a proper vehicle to correct a trial court's erroneous entry cumulating sentences, if there is a finding and determination that: 1) the trial court's error was clerical; 2) there is no other adequate remedy at law[?]

PD-0288-11 Smith, Jack Wayne Vol. 19, No. 5
02/07/2011

11-09-0050-CR
Appellant's 06/15/2011 Young / Attack by Dog Resulting in Death
1. Texas Health and Safety Code Section 822.005 is unconstitutionally vague and therefore void.

2. (PD-0288-11) Mr. Smith's conviction violates both the unanimous jury guarantee of the Texas Constitution and the "substantial majority" requirement of the Sixth Amendment of the United States Constitution.

Ed. Note: See companion case (Crystal Michelle Watson; No. PD-0287-11)

PD-0056-11 Somers, Aaron Vol. 18, No. 47
12/06/2010

10-09-0387-CR
Appellant's 05/25/2011 Brazos / Intoxication Manslaughter
Did the Court of Appeals err in holding that emit test results are not reliable without a confirmation test and therefore deny appellant his constitutional rights to present a defense?
AP-76,674 Sosa, Pedro Solis None
Habeas Corpus
11/02/2011 Atascosa
Whether Applicant's execution would violate the United States Constitution's Eighth Amendment prohibition against executing the mentally retarded.
PD-1678-11
PD-1679-11
Sullivan, James Allen None

11-10-0027-CR and 11-10-0028-CR
Appellant's 03/07/2012 Brown / Sexual Assault
Did the court of appeals correctly modify the judgment of the trial court by removing only the portion of special findings that improperly cumulated sentences?
PD-0888-11 Temple, David Mark Vol. 19, No. 1
01/10/2011

342 S.W.3d 572
Appellant's 01/11/2012 Harris / Murder
The Court of Appeals erred in applying this Court's opinion in Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) in light of this Court's decision in Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) by improperly drawing inferences of ultimate facts that are unreasonable so as to determine that the evidence was legally sufficient to uphold the jury's verdict.
PD-0486-10 Tucker, Thomas Paul None
04-09-0046-CR
Appellant's 02/02/2011 Kerr / Possession of Marihuana
Did the Fourth Court of Appeals err in upholding the trial court's implicit finding that petitioner's consent to the search of his residence was voluntary?
PD-1117-11 Turner, Sequeasia None
No. 02-10-0072-CR
Appellant's 09/28/2011 Tarrant / Forgery
The Second Court of Appeals has held that Texas Code of Criminal Procedure Article 42.12, Sec. 15(b)(Vernon Supp. 2010), in its entirety, applies to defendant's [sic] placed on deferred adjudication probation, which is an important question of state law that has not been, but should be, decided by the Court of Criminal Appeals.
PD-0321-11 Vasquez, Anibal Vol. 19, No. 8
02/28/2011
Vol. 19, No. 20
05/23/2011

342 S.W.3d 750
State's 01/25/2012 Fort Bend / Aggravated Robbery
If refusing a request to cut the general application of the law of parties and copy the abstract paragraph into the application paragraph is error, should there be "some harm" per se because the State prosecuted the defendant on a parties theory as in Johnson v. State, 739 S.W.2d 299, 305 (Tex. Crim. App. 1987)(en banc)(plurality op.), or should harm be determined in context of the entire record as in Watson v. State, 693 S.W.2d 938, 941 (Tex. Crim. App. 1985), and Nelson v. State, 297 S.W.3d 424, 433-34 (Tex.App.–Amarillo 2009, pet. ref'd).
AP-76,729 Villegas, Carlos A. None Habeas Applicant's 02/22/2012 Dallas / Possession of Controlled Substance
1. (whether) the fine listed under Texas Health and Safety Code Section 481.112(f) is mandatory;

2. (whether) a claim that a mandatory fine was not assessed and therefore a sentence is illegal is properly raised for the first time on a writ of habeas corpus; and

3. (whether) if such a claim can be raised for the first time on habeas, and if it is meritorious, what the proper remedy for such a claim would be.

PD-0287-11 Watson, Crystal Michelle Vol. 19, No. 5
02/07/2011

11-09-0039-CR
Appellant's 06/15/2011 Young / Attack by Dog Resulting in Death
1. Texas Health and Safety Code Section 822.005 is unconstitutionally vague and therefore void.

2. (PD-0287-11) Ms. Watson's conviction violates both the unanimous jury guarantee of the Texas Constitution and the "substantial majority" requirement of the Sixth Amendment of the United States Constitution.

Ed. Note: See companion case (Jack Wayne Smith; No. PD-0288-11)

AP-76,455 Williams, Arthur Lee None
Habeas Corpus
11/17/10 Harris
1. - 6. Whether counsel was ineffective (Six different allegations).

7. Whether Article 37.071 of the Texas Code of Criminal Procedure is unconstitutional as applied to applicant because it requires a mandatory death sentence if the jury answers the special issues in the affirmative even if the jury believed that applicant did not deserve to die.

PD-0943-11 Winfrey, Megan Vol. 19, No. 15
04/18/2011

338 S.W.3d 698
(Beaumont 2011)
Appellant's 11/16/2011 San Jacinto / Capital Murder - Life Sentence / Conspiracy to Commit Capital Murder
1. The divided panel's holding that the evidence is legally sufficient to sustain petitioner's convictions conflicts with this Court's decision in Winfrey v. State with respect to the same evidence and with this Court's decision in Brooks v. State, which requires rigorous and proper application of Jackson v. Virginia's exacting standards.

2. An important question implicating the administration of justice is presented by the court of appeals' holding, contrary to the dictates of §15.02(c)(2), Texas Penal Code, that a conviction for conspiracy can be sustained even though the only other conspirators have been acquitted.