Issues Pending as of June 10, 2015
Issues Pending as of June 10, 2015
Note: Clicking on the "TIBA's G&S Cite" for any case will link you to our summary of that case. 
CCA
Case No.
Defendant's
Name

TIBA's G&S Cite
Case Citation
(What Was Granted?)(Date Granted)(County)
Issue(s) Granted
PD-0143-15 Ambrose, Cynthia Vol. 23, No. 2
01/12/2015

04-13-00788-CR
Appellee's 05/20/2015 Bexar / Official Oppression
1. When a trial judge issues findings of fact and conclusions of law that find a defendant suffered egregious harm from unobjected to jury charge error, does applying the Almanza egregious harm standard on appellate review violate and conflict with Texas (Ex parte Wheeler, 203 S.W.3d 317 (Tex. Crim. App., 2006)) and United States Supreme Court (Oregon v. Kennedy, 456 U.S. 667 (1982)) precedent that a reviewing court must defer to a lower court's factual findings?

2. Under the egregious harm standard, does an appellate court violate Texas (Ex parte Wheeler, 203 S.W.3d 317 (Tex. Crim. App., 2006)) and United States Supreme Court (Oregon v. Kennedy, 456 U.S. 667 (1982)) precedent when it ignores a trial court's factual findings and substitutes its own view of the evidence for that of the trial?

3. If the egregious harm standard does apply on direct review in this case, did the appellate court correctly apply the egregious harm standard when it only considered the testimony that supported the state's case and not "the entire jury charge, the state of the evidence, including the contested issues and weight of probative evidence, the argument of counsel and any other relevant information revealed by the record of the trial as a whole" as required by Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1984).

PD-0290-15 Anthony, John Dennis Clayton Vol. 23, No. 7
02/16/2015

07-13-00089-CR
State's 05/20/2015 Bailey / Aggravated Sexual Assault
1. When Appellant pled guilty to sexual assault of a child under fourteen, did the court of appeals err by holding that he was ineligible for deferred adjudication because the child was under six, based on an unexplained finding in the judgment that was not pled, supported by the record, or orally pronounced?

2. Did the court of appeals err by finding deficient performance and prejudice due to counsel's advice that Appellant was eligible for deferred adjudication when there was no evidence of how counsel advised Appellant, no evidence of how that advice affected the plea, and Appellant actually received deferred adjudication?

3. Did the court of appeals err by finding ineffective assistance of counsel based on an unexplained finding in the judgment without addressing the State's threshold arguments about the validity of the judgment entry, preservation, and estoppel?

WR-80,099-01 Barnaby, Kemos Marque None
Habeas Corpus
Habeas Application Filed & Set: 06/18/2014 / Montgomery / Possession of Controlled Substance 2x
How should materiality be analyzed in a guilty plea situation? (One of the "dry testing" drug cases).
PD-1076-14 Beltran, Ricardo None

05-12-01647-CR
Appellant's 01/28/2015 Dallas / Murder
For purposes of determining whether an appellant was entitled to a jury instruction on sudden passion, some evidence that he acted in self-defense does not negate all evidence that he acted in sudden passion.
PD-0162-14 Blasdell, Brandon Scott Vol. 29, No. 2
01/13/2014

420 S.W.3d 406
Appellant's 10/15/14 Montgomery / Aggravated Robbery
1. Eyewitness misidentification is a hallmark of a wrongful conviction.

2. Whether the court of appeals has decided an important question of federal law in a way that conflicts with the applicable decisions of the Court of Criminal Appeals or the Supreme Court of the United States.

PD-1087-14 Brodnex, Ike Antyon None

11-12-00076-CR
Court's Own Motion 11/05/2014 Midland / Tampering with Physical Evidence & Poss. of Cont. Substance
Does an officer have reasonable suspicion to detain a suspect based upon observing the suspect walking with another person at 2 a.m. in an area known for narcotics activity and based upon the officer's unsubstantiated belief that the suspect is a "known criminal?"
PD-0213-15 Byrd, Thomas Leon None

10-13-00381-CR
Appelalnt's 05/20/2015 McLennan / Possession of a Controlled Substance (2x); Evading Arrest
Whether a trial court may order a sentence to run consecutively with a future parole revocation.
PD-1341-14 Cary, Stacey Stine None

05-12-01421-CR
Appellant's 03/25/2015 Collin / Engaging in Organized Criminal Activity, Bribery & Money Laundering
(1) The State Affirmatively Proved Ms. Cary's Innocence By Proving That The Alleged Bribes Were "Political Contributions;"

(2) The Evidence Was Insufficient To Show The Requisite Consideration To Support The Bribery Convictions;

(3) The Evidence Was Insufficient To Show That Appellant Had The Requisite Intent To Commit Bribery; and

(4) The Evidence Was Insufficient To Support Ms. Cary's Conviction For Engaging In Organized Criminal Activity And Money Laundering.

PD-0077-15 Cole, Steven Vol. 23, No. 1
01/05/2015

06-13-00179-CR
State's 04/22/2015 Gregg / Intoxication Manslaughter
1. Did the Court of Appeals conduct an incorrect exigent circumstances analysis when it required proof of a “now or never” level of urgency?

2. Were exigent circumstances present to draw Appellant’s blood without a warrant when the accident created a substantial period of delay before blood could be drawn, the officer knew that it typically took one to one and a half hours to obtain a warrant, and he suspected the defendant was under the influence of illegal drugs as opposed to alcohol, which has a predictable rate of elimination?

3. Does a warrantless blood draw conducted pursuant to TEX. TRANSP. CODE § 724.012(b) violate the Fourth Amendment?

4. If a warrantless blood draw conducted pursuant to TEX. TRANSP. CODE § 724.012(b) violates the Fourth Amendment, must that evidence be suppressed when, at the time of the search, the statute was presumptively valid and that it dispensed with the warrant requirement?

PD-1501-14 Cornwell, Robert William Vol. 22, No. 41
10/13/2014

445 S.W.3d 488
Appellant's 02/11/2015 Montgomery / Impersonating a Public Servant
To secure a conviction for impersonating a public servant on the theory that the defendant intended to induce another to rely on his acts, the State must prove that the defendant intended to induce another to rely on pretended official acts, not simply any acts.
PD-0501-14 Cortez, Damien Hernandez Vol. 29, No. 10
03/10/2014

428 S.W.3d 338
Appellant's 09/17/2014 Potter / Fraudulent Possession of Identifying Information
Is an item of identifying information, the unit of prosecution in Section 32.51 of the Texas Penal Code, a grouping of identifying information such as is represented in a check, bank statement or credit card, or is it each piece of identifying information that meets the statutory definition of that term, resulting in multiple items being present on a single check, bank statement or credit card? The Court of Criminal Appeals has not addressed this question of law and it should be addressed in order that there may be some uniformity to prosecutions throughout the State.
WR76781-01 De La Cruz, Roberto Gonzalez aka Robert Gonzalez None
Habeas Corpus
Habeas Application Filed & Set: 09/18/2013 / Harris / Murder
(1) whether the false testimony claim could have been raised at trial or on appeal;

(2) whether the failure to raise the issue at trial or on appeal constitutes procedural default; and

(3) what harm or materiality standard applies

PD-1406-14 Delarosa, Jose Ramiro None

05-14-01020-CR
State's 01/28/2015 Dallas / Unauthorized Use of a Motor Vehicle
1. Did the panel below err by dismissing the Appellant's appeal for lack of jurisdiction and denying the State's motion to abate when the State's motion to abate had expressly cited this Court's on-point, binding precedent that mandated resort to the abatement process (as the State had requested)?

2. Did the panel below err by dismissing the Appellant's appeal for a lack of jurisdiction without addressing in any substantive manner the issues raised by the State regarding appellate record inaccuracies that pertained directly to whether the immediate appellate court did or did not have jurisdiction?

3. Did the appellate record inaccuracies cited by the State constitute raised matters necessary to the disposition of the appeal, such that the panel below erred by finding a want of jurisdiction without first addressing the issue of the appellate record inaccuracies which the State had expressly cited?

4. Does the Texas Supreme Court's having mandated that intermediate appellate courts construe liberally the rules of appellate procedure regarding the correction of appellate record inaccuracies also mandate the application of such liberal rule constructions for the purposes of determining whether the intermediate appellate court's jurisdiction has been invoked when the appellate record on its face reflects potential clerical error that not only pertains directly to the jurisdictional issue, but also conflicts with the application of the presumption of regularity?

PD-0398-15 Dixon, Thomas Michael None

07-14-00433-CR
Appellant's 06/03/2015 Lubbock / Capital Murder - Life Sentence (Bond Writ)
The Court of Appeals has departed from the accepted and usual course of judicial proceedings and has sanctioned such a departure by the trial court by approving bail in a capital case in an amount an order of magnitude larger than any previously approved in a capital murder case in this state, resulting in the instant bail being used as an instrument of oppression.
PD-0572-14
PD-0573-14
Donaldson, Patricia None

05-13-00598-CR
through
05-13-00602-CR
Appellant's 02/04/2015 Dallas / Making a False Statement to Obtain Credit; Tampering w/ Governmental Record
The Court's second opinion is wrong because it misinterprets the applicable law and wholly ignores relevant portions of the record. The Court's first opinion properly applied the law.
PD-0474-14 Donovan, Lawrence Vol. 29, No. 12
03/17/2014

02-11-00033-CR
Appellant's 09/17/2014 Tarrant / Injury to a Child
1. Did the Court of Appeals erroneously affirm the trial court's order revoking Petitioner's probation when the trial court ignored a final expunction order entered by the former judge of the court? Can an expunction order that is final be ignored by a court, C.S.C.D. officer, or treatment provider?

2. Did the Court of Appeals erroneously affirm the trial court's order revoking Petitioner's probation when the probation was revoked because Petitioner failed to attend and meet the requisite number of goals of a sex offender treatment program for an offense that had been expunged and for which he had been found "not guilty?"

PD-0857-14 Douds, Kenneth Lee Vol. 29, No. 24
06/16/2014

14-12-00642-CR
State's 09/17/2014 Brazoria / Driving While Intoxicated
1. Did the Appellant preserve error when he did not address the necessity for the issuance of a search warrant at the motion to suppress hearing and only made a boilerplate claim of violation of constitutional rights in his written motion?

3. Did the Court of Appeals err in finding insufficient exigent circumstances where the arresting officer was delayed in obtaining the blood draw by his investigation of the accident scene which involved an injury?

4. Does application of implied consent negate the necessity of a warrant or exigent circumstances in order to obtain a blood sample under Section 724.012(b) of the Transportation Code?

PD-1039-14 Elizondo, Jose Guadalupe Rodriguez None

13-12-00028-CR
Appellant's 01/28/2015 Hidalgo / Murder
2. The court of appeals should have analyzed all the elements of Smith v. State before determining that Elizondo provoked the second altercation.

3. The court of appeals affirmed on a jury charge that was grossly incorrect by ignoring and then misapplying this Court's precedent.

PD-0893-14 Faust, Joey None

02-13-00222-CR
State's 10/08/2014 Tarrant / Interference with Public Duties
1. Did the Second Court of Appeals err in implicitly holding that citizens can use the First Amendment to the United States Constitution as a shield to disobey lawful orders of law enforcement and forcibly cross a police skirmish line set up at a Gay Pride Parade in Fort Worth, Texas, when those measures by law enforcement are taken to preserve the peace and the safety of the public?

2. Notwithstanding that police action may infringe on a citizen's First Amendment rights, does a citizen have a right to disobey orders of a police officer, forcibly breach a skirmish line imposed, and interfere with the officer's duties?

3. Did the Second Court of Appeals err in failing to conduct a proper "as applied" First Amendment analysis when it concluded that the Fort Worth Police Department's action in constructing a skirmish line at a Gay Pride Parade violated the First Amendment to the United States Constitution?

4. Did the Second Court of Appeals err in concluding that the skirmish line set up by the police department during the Fort Worth Gay Pride Parade was not a reasonable action as to "time, place or manner" under the First Amendment to the United States Constitution?

See also Ramon Marroquin (No. PD-0894-14)

PD-0123-15 Fernandez, James None

04-14-00039-CR
Appellant's 05/13/2015 Val Verde / Theft by a Public Servant
In affirming a conviction for theft by deception, did the Court of Appeals err in finding evidence of deception when the record shows only lack of actual consent? In other words, and consistent with the language of the statute, may deception only be proven when the record shows actual consent that was induced by deception but not when the record shows lack of actual consent?
PD-1473-14 Finley, William Bryan (III) Vol. 22, No. 35
09/01/2014

449 S.W.3d 145
Appellant's 03/18/2015 Williamson / Resisting Arrest
When a person attempts to evade an unlawful arrest by refusing to comply with the officers' attempt to effectuate the arrest, while using no offensive force against the officers, has this person committed the crime of Resisting Arrest?
PD-1396-14 Ford, Jon Thomas Vol. 22, No. 34
08/25/2014

444 S.W.3d 171
Appellant's 02/04/2015 Bexar / Murder
1. Whether a warrantless search of involuntarily conveyed historical cell tower data is an illegal search, is a novel question of law that has not been, but should be decided by the Court of Criminal Appeals.

2. The Court of Appeal[s’] holding, that cell tower data information conveyed from a phone involuntarily, is public information under the third party record doctrine; is contrary to Richardson v. State, 865 S.W.2d 944 (Tex. Crim. App. 1993).

PD-0212-15 Furr, Chris None

13-14-00287-CR
Appellant's 06/10/2015 Nueces / Possession of Controlled Substance
Whether the Court of Appeals erred in holding that, under its view of Florida v. J.L., 529 U.S. 266 (2000), an anonymous tip that a unidentified pedestrian is doing drugs near a homeless shelter, without more, is sufficient to justify a police officer's stop and frisk of a pedestrian the police find near that location?
PD-0738-14 Green, Joseph Lester None

04-12-00830-CR
State's 09/17/2014 Medina / Aggravated Sexual Assault
The Court of Appeals erred in holding that by defining the terms 'penetration' and "female sexual organ" in the instructions to the jury at the conclusion of the evidentiary portion of the guilt phase of the trial, the trial court committed reversible error.
PD-0125-14 Guthrie-Nail, Vera Elizabeth None

05-13-00016-CR
Appellant's 04/30/2014 Collin / Conspiracy to Commit Capital Murder
1. The Court of Appeals erred in holding that the trial court found that Appellant used a deadly weapon during the offense and therefore no error has been shown in the trial court's rendition of a judgment nunc pro tunc.

2. The Court of Appeals erred in holding that the trial court did not err by signing the order nunc pro tunc stating that the trial court's omission of an affirmative finding on the original judgement was not a judicial decision but a clerical error.

ON COURT'S OWN MOTION: The Court of Appeals erred in holding that the trial court did not deny Appellant due process of law and the right to confrontation when, after signing the original judgment, the trial court almost three months later entered an erroneous judgment nunc pro tunc adding a deadly weapon finding without notice to Appellant.

PD-0180-15 Harkcom, Patricia Elizabeth Vol. 22, No. 40
10/06/2014

02-12-00576-CR
Appellant's 05/20/2015 Hood / Possession of a Controlled Substance (Meth)
Did the Court of Appeals disregard the perfection of appeal rules set forth in Few v. State, 230 S.W.3d 184 (Tex. Crim. App. 2007) and Texas Rules of Appellate Procedure 25.2(c)(2)?
PD-0019-15
PD-0020-15
PD-0021-15
PD-0022-15
Hill, Albert None

05-13-00421-CR
05-13-00423-CR
05-13-00424-CR
05-13-00425-CR
Appellee's 06/10/2015 Dallas / Making False Statement and Securing Document by Deception
To establish a prima facie case of selective prosecution in violation of the Fifth and Fourteenth Amendments, and to obtain a hearing under the "presumption of prosecutorial vindictiveness" method, a defendant must provide "some evidence" that shows: (1) the government singled out the defendant for prosecution and has not proceeded against others similarly situated based on the type of conduct for which the defendant is charged; and (2) the government's discriminatory selection is invidious. Once the defendant makes this showing, the burden shifts to the State to justify the discriminatory treatment.
          Appellee asks this Court to clarify what constitutes "some evidence" and find that so long as a defendant attaches a proffer of evidence to a motion to dismiss due to prosecutorial misconduct that the trial court in its discretion determines to be a colorable claim of a constitutional violation, the defendant has attached "some evidence," and a trial court should be permitted to conduct a hearing on the motion to dismiss.
          Appellee not only attached "some evidence" showing a constitutional violation, but in fact attached "exceptionally clear evidence." As a result, the Court of Appeals erred when it: (1) sustained the State's second issue and concluded that Appellee "did not make the proper showing sufficient to establish a prima facie case..." of the fact that the former elected district attorney of Dallas County engaged in prosecutorial misconduct by allowing himself to be corruptly influenced by Blue in return for indicting Appellee; (2) found that the trial court erred in conducting a hearing on Appellee's motion to dismiss based upon prosecutorial misconduct; (3) vacated the trial court's Order Granting Motion to Dismiss; and (4) remanded the case to the trial court to reinstate the indictments against Appellee.
PD-0622-14 Holidy, Marcus Bruce None

06-13-00261-CR
State's 08/20/14 Rusk / Felony DWI
Does TEX. TRANSP. CODE § 724.012(b), the mandatory blood draw provision, establish advance voluntary and irrevocable consent making all warrantless draws thereunder permissible?
PD-0433-14 Huse, Hayden None

07-12-00383-CR
Appellee's 09/17/2014 Lubbock / Driving While Intoxicated
1. After State v. Hardy, does a citizen have standing to challenge the process by which his medical records are obtained?

2. Must the State comply with federal requirements under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to obtain a citizen's medical records, and if it fails to do so, is there any remedy?

PD-0823-14 Jackson, John Berry Vol. 22, No. 34
06/09/2014

435 S.W.3d 819
State's 10/08/2014 Mitchell / Poss. of Cont. Sub. w/ Intent to Deliver
Is evidence "obtained in violation of the law" when it is seized after a detention for an offense committed in the presence of police, who were lawfully situated, when they were aware of the defendant's presence at that location as a result of an illegal tracking device?
PD-1189-14 Jaganathan, Francheska Vol. 22, No. 30
07/28/2014

439 S.W.3d 499
State's 11/19/2014 Chambers / Possession of Marihuana (5-50lbs)
Does driving in the left lane while not "in the process of passing" after passing a "Left Lane for Passing Only" sign provide reasonable suspicion of a traffic violation?
PD-1496-14 Johnson, Joe Dale Vol. 22, No. 41
10/13/2014

449 S.W.3d 240
Appellant's 04/22/2015 Wichita / Aggravated Sexual Assault & Indecency with a Child
1. The Court of Appeals sitting en banc erred in overturning its majority opinion holding that Confrontation and Due Process were offended when the trial court barred cross examination of the State's complaining witness of the eve of trial given: 1) the State's only evidence was this witness' outcry and Appellant's sole defense at trial depended entirely upon the barred cross examination and 2) the State created a false impression of the complaining witness which Appellant was entitled to correct through cross examination.

2. The justices of the Second Court of Appeals disagree as to the application of Confrontation and cross examination of a complaining witness who had molested his younger sister for a number of years before and after the outcry against Appellant.

PD-0228-14 Johnson, Terence Vol. 29, No. 1
01/02/2014

12-12-00425-CR
State's 04/09/2014 Houston / Destruction of a Flag
Does Penal Code section 42.11, entitled "Destruction of Flag," ban a substantial amount of protected speech, not only in an absolute sense, but also relative to the statute's plainly legitimate sweep?
PD-1340-14 Kent, Kevin Lavelle Vol. 22, No. 35
09/01/2014

447 S.W.3d 408
State's 02/05/2015 Harris / Theft
1. The court of appeals should not have reversed the trial court's decision to reject the appellant's proposed application paragraph because the paragraph was not authorized by the indictment and was an incorrect statement of the law.

2. The court of appeals erred in holding that jurors must unanimously agree beyond a reasonable doubt on each underlying transaction used to comprise an aggregate theft charge.

3. The court of appeals erred in finding that the appellant was harmed by any unanimity error in the jury charge because his defense was not predicated on isolating one transaction from another.

PD-0072-15 Leming, James Edward Vol. 23. No. 1
01/05/2015

06-13-00264-CR
State's 04/22/2015 Gregg / Driving While Intoxicated
1. Must a movement into another lane of traffic be unsafe before it can be deemed a violation of Tex.Transp. Code §545.060(a)?

2. Should a tip be deemed reliable when a person calls police to report erratic driving, provides his first name, remains on the telephone with the dispatcher, and follows the suspect’s car until an officer arrives and the officer is able to independently corroborate information the caller provided?

3. Did the court of appeals err by reversing the trial judge’s ruling on a motion to suppress that Appellant committed a traffic violation when the same facts objectively demonstrated reasonable suspicion?

PD-1495-14
PD-1496-14
Liverman, Roger
Liverman, Aaron
 
None


448 S.W.3d 155
(Originally Unpublished)
State's 02/04/2015 Denton /Securing a Document by Deception
1. Was it the Legislature's intent under Texas Penal Code Section 32.46(a)(1) to criminalize the act of causing a court clerk to file and record a fraudulent lien?

2. Does a clerk's actions of filing and recording a lien equate to "signing or executing" under Texas Penal Code Section 32.46(a)(1)?

WR-80,939-01
WR-80,939-02
WR-80,939-03
Marascio, Eric Reed None
Habeas Corpus
Habeas Application Filed & Set: May 7, 2014 / Collin / Bail Jumping or Failure to Appear
1. Whether the double jeopardy issue was preserved by trial counsel's plea of prior jeopardy;

2. Whether double jeopardy is available as a free-standing claim on post-conviction habeas review where the issue was preserved at trial but not raised on direct appeal; and

3. Whether convictions for multiple charges of failure to appear arising from a single failure to appear constitute double jeopardy.

PD-0894-14 Marroquin, Ramon None

02-13-00223-CR
State's 10/08/2014 Tarrant / Interference with Public Duties
1. Did the Second Court of Appeals err in implicitly holding that citizens can use the First Amendment to the United States Constitution as a shield to disobey lawful orders of law enforcement and forcibly cross a police skirmish line set up at a Gay Pride Parade in Fort Worth, Texas, when those measures by law enforcement are taken to preserve the peace and the safety of the public?

2. Notwithstanding that police action may infringe on a citizen's First Amendment rights, does a citizen have a right to disobey orders of a police officer, forcibly breach a skirmish line imposed, and interfere with the officer's duties?

3. Did the Second Court of Appeals err in failing to conduct a proper "as applied" First Amendment analysis when it concluded that the Fort Worth Police Department's action in constructing a skirmish line at a Gay Pride Parade violated the First Amendment to the United States Constitution?

4. Did the Second Court of Appeals err in concluding that the skirmish line set up by the police department during the Fort Worth Gay Pride Parade was not a reasonable action as to "time, place or manner" under the First Amendment to the United States Constitution?

See also Joey Faust (No. PD-0893-14)

PD-0509-14 Marshall, Patrick None

03-11-00475-CR
Appellant's & State's 09/24/2014 Hays / Aggravated Assault
STATE'S GROUND FOR REVIEW:

Impeding the normal breath is bodily injury. Here, the charge's abstract and application paragraphs require the jury to find Marshall impeded the normal breathing of his wife. The appellate court reversed and remanded, ruling that the lack of a bodily injury definition in the application paragraph relieved the State of its burden to prove bodily injury. Did proving impeding breath prove bodily injury?

APPELLANT'S GROUND FOR REVIEW:

The Court of Appeals erred in finding the evidence was sufficient to support a conviction for Assault by Strangulation - Family Violence. The evidence failed to show that Petitioner impeded the complainant's normal breathing, or that he caused her bodily injury by doing so.

PD-1263-14 McGruder, Micael Anthony Vol. 23, No. 33
08/08/2014

10-13-00109-CR
Appellant's 01/28/2015 Brazos / Driving While Intoxicated
Did the Court of Appeals err in finding the Appellant's facial constitutional challenge to the Texas Transportation Code Section 724.012(b)(3)(B) failed and presumed the statute to be constitutionally valid?
PD-1133-14 McKay, Cody Wayne None

06-14-00003-CR
Appellant's 11/05/2014 Hunt / Injury to a Child
1. The Court of Appeals erred in affirming the case at bar under Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) when considering 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." Temple v. State, PD-0888-11, 2013 Tex. Crim. App. LEXIS 161 (Tex. Crim. App. January 16, 2013)

2. Was the evidence sufficient when the only evidence was a entry in 1000 page CPS report that the minor child was "always" "up her butt" when referring to where the minor child stayed when around her mother with no evidence that the same was true for other adults.

WR-82,970-01 Michaels, William James None
Habeas Corpus
Habeas Application Filed & Set: 04/22/2015 / Harris / Possession of Controlled Substance
Whether Applicant’s plea of guilty was involuntary when the substances seized and tested contained illicit materials other than those alleged.
PD-1634-14 Moore, Aaron Jacob Vol. 22, No. 30
07/28/2014

446 S.W.3d 47
State's 04/22/2015 Fort Bend / Aggravated Sexual Assault
2. Does the court of appeals’s construction of “the state” in Section 54.02(j)(4)(A), Family Code require dismissal of a case with prejudice without consideration of the factors for oppressive delay in violation of the separation of powers doctrine?
PD-0851-14
PD-0852-14
Nixon, Reginald None

07-13-00390-CR
Appellant's 09/24/2014 Tarrant / Burglary of a Habitation & Evading Arrest
Is the general rule of Muniz v. State, 573 S.W.2d 792 (Tex. Crim. App. 1978) -- permitting trial courts to order juries to reconsider sentencing verdicts that do not comply with applicable statutes -- partially superseded by the later and more specific Tex. Code Crim. Pro Art. 37.10(b), under which a sentencing verdict containing both authorized and unauthorized punishment is not to be rejected and sent for reconsideration, but simply reformed to reflect only the authorized portion?
PD-0840-14 Nowlin, Keiona Dashelle None

10-12-00239-CR
Appellant's 11/05/2014 McLennan / Hindering Apprehension
Whether the court of appeals was correct in holding that the evidence was legally sufficient to prove that Nowlin knew Degrate was charged with a felony offense.
PD-967-14 Owens, Charles Ray (Jr) Vol. 29, No. 27
07/07/2014
06-13-00199-CR
State's 09/24/2014 Harrison / Felony Murder
Whether the appellate court erred in reversing the conviction in lieu of abating the appeal and ordering a retrospective competency trial.
PD-0100-15
PD-0101-15
Peraza, Osmin None

01-12-00690-CR
State's 03/25/2015 Harris / Aggravated Sexual Assault
The First Court of Appeals erred by finding the DNA record fee is an unconstitutional tax that violates the separation of powers clause
PD-14-1274 Peyronel, Bobby Joe  
None


446 S.W.3d 151
(Originally Unpublished)
State's 12/17/2014 Harris / Aggravated Sexual Assault
The court of appeals erred in finding that the public-trial issue was preserved for review when the appellant [did] not ask the trial court to do anything and did not alert the trial court to the specific grounds that he would raise on appeal.
PD-1472-14 Rabb, Richard Lee None

446 S.W.3d 892
State's 02/14/2015 Rockwall / Tampering with Physical Evidence
1. Because the legislature has determined that criminal attempt is a lesser-included offense of the completed offense, does a jury that finds guilt of the completed offense “necessarily find” guilt of attempt?

2. When the fact-finder determines that the defendant committed an act “with intent to [cause a specific result],” does it necessarily find that he intended to commit the act?

3. What isthe remedy for insufficient evidence of the charged offense when the evidence was sufficient to prove a lesser included offense but the record does not indicate that the fact-finder affirmatively found the lesser-included offense?

PD-0070-15 Ramsey, Donald None

07-14-00249-CR
State's 05/13/2015 Swisher / Forgery
Does an appellate court give proper deference to a jury's forgery finding of intent to defraud or harm when it fails to consider the totality of the evidence and rational inferences therefrom?
PD-0601-14 Reeder, Clayton Dean Vol. 21, No. 18
05/05/2014

06-13-00126-CR
State's 08/20/2014 Rusk / Felony DWI
Does TEX. TRANSP. CODE § 724.012(b), the mandatory blood draw provision, establish advance voluntary and irrevocable consent making all warrantless draws thereunder permissible?
PD-0013-15
PD-0014-15
Rendon, Michael Eric Vol. 22, No. 49
12/08/2014

13-13-0665-CR
13-13-0666-CR
State's 02/04/2015 Victoria / Possession of Marihuana & Money Laundering
The Court of Appeals finding that the area outside of Appellee's apartment constituted the curtilage of that apartment incorrectly decided an important question of State and Federal law that has not been but should be settled by the Court of Criminal Appeals.
PD-1277-14 Reyes, Juan Carlos None

08-12-00261-CR
Appellee's 11/19/2014 El Paso / Post-Conviction Habeas Corpus / Assault Family Violence
1. By ruling that Reyes' conviction should be reinstated because the supplemental findings of fact and conclusions of law the trial court provided failed to identify or rely on any theory of law to support Reyes' non-Padilla claims, the court of appeals has decided an important question of state law which conflicts with an applicable decision of this Court.

By ruling that an article 11.072 writ applicant is not entitled to a ruling by the trial court on his potentially dispositive actual innocence and ineffective assistance claims, the court of appeals has decided this case in a way which conflicts with applicable decisions of the United States Supreme Court.

3. By giving binding effect to the trial court's failure to supplement its non-Padilla findings of fact and conclusions of law, the court of appeals has so far departed from the accepted and usual course of judicial proceedings as to call for an exercise of this Court's power of supervision.

WR-73,484-02 Robbins, Neal Hampton None
Habeas Corpus
Habeas Application Filed & Set: 11/27/2013 / Montgomery / Capital Murder - Life Sentence
1. whether Article 11.073 is a new legal or factual basis under Article 11.07, § 4(a)(1);

2. whether an "original application or a previously considered application," as set out in Article 11.073(c),(d)(2), means an application filed on or after September 1, 2013;

3. whether "the scientific knowledge or method on which the relevant scientific evidence is based," as set out in Article 11.073(d), applies to an individual expert's knowledge and method;

4. whether relevant scientific evidence is "currently available and was not available at the time of the convicted person's trial because the evidence was not ascertainable through the exercise of due diligence," as set out in Article 11.073(b)(1)(A), if an expert witness for the State no longer stands by his opinion testimony at trial and the jury heard testimony from the defense that is consistent with the State's expert's new, post-trial opinion;

5. whether "changed," as set out in Article 11.073(d), applies to cases in which an expert witness changes his opinion after trial; and

6. whether Applicant is entitled to relief under Article 11.073(b).

PD-021-14 Robinson, Leo Demory None

05-12-01502-CR
Appellant's 07/23/2014 Dallas / Failure to Register as a Sex Offender
1. Is the failure to comply with the sex offender requirements to notify police of an intended move a strict liability offense?

2. In conducting a review of the sufficiency of the evidence, can an intermediate appellate court disregard a trial court's erroneous interpretation of the law?

3. Did the Court of Appeals apply the proper standard of review for conducting a sufficiency analysis under the failure to notify provisions of Tex. Penal Code §§62.055 & 62.102?

4. Is conducting a review of the sufficiency of the evidence, can an intermediate appellate court disregard a trial court's specific findings of fact?

PD-0278-14 Rodriguez, Israei Ytuarte Vol. 21, No. 40
10/07/2013

Vol. 29, No. 6
02/10/2014


424 S.W.3d 155
State's 06/18/2014 Bexar / Sexual Assault of a Child
1. Did the court of appeals err by considering the original trial judge's voluntary recusal?

2. Did the court of appeals err by concluding that there was a reasonable probability that the original trial judge would have accepted the original ten-year plea-bargain?

3. Did the court of appeals err by concluding that the second trial judge was required to order the State to reoffer the ten-year plea-bargain a second time?

4. Was the court of appeals correct to reverse the trial court's judgment as to conviction and sentence? Or should the court of appeals have only reversed the trial court's judgment as to sentence?

PD-0419-14 Salinas, Orlando Vol. 29, No. 11
03/17/2014

426 S.W.3d 318
Appellant & Court's 09/17/2014 Harris / Injury to an Elderly Person
APPELLANT'S: The Fourteenth Court of Appeals decision regarding the constitutionality of the consolidated court cost on severability grounds (neither raised by the State nor briefed by either party) failed to properly address the merits of the argument.

ON COURT'S OWN MOTION: Whether the Fourteenth Court of Appeals decision that the "appellant failed to satisfy his burden to show that the statute is invalid in all possible applications because he has not established what the funds designated in [Texas Local Government Code] section 133.102(e) actually do" is erroneous in light of clear precedent from this court in reviewing facial challenges to the constitutionality of a statute.

PD-1505-14 Schlittler, David None

12-13-00269-CR
Appellant's 02/25/2015 Anderson / Unlawful Contact with Victim
1.Did the Twelfth Court of Appeals err by holding that Section 38.111, Penal Code, as applied to Schlittler, does not violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution?

2.Did the Twelfth Court of Appeals err by holding that Section 38.111, Penal Code, as applied to Schlittler, does not violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution?

WR-31,454-03
WR-31,454-04
Smiley, Rodney Elnesto None
Habeas Corpus
Habeas Application Filed & Set: 04/29/2015 / Dallas & Tarrant / Theft (Dallas County) & Injury to a Child (Tarrant Co.)
1. What is the the remedy, if any, for the failure to vote on Applicant's original discretionary mandatory release date in a timely fashion?

2. Is TDCJ's policy of not "releasing" a prisoner to mandatory supervision on one concurrent sentence until the prisoner is "eligible for release" on all concurrent sentences legal?

WR79465-01 Smith, Al Letroy None
Habeas Corpus
Habeas Application Filed & Set: 11/27/2013 / Potter / Assault
Whether the State must plead laches for a court to consider it in determining whether to grant equitable relief.
PD-1790-13
PD-1791-13
PD-1792-13
PD-1793-13
Smith, Fredricheee Douglass None

14-11-00838-CR
14-11-00839-CR
14-11-00840-CR
14-11-00841-CR
Appellant's & State's 06/25/2014 Harris / Sexual Assault, Possession of Child Pornography & On-line Solicitation of a Minor
State's:

1. The court of appeals erred in holding that the sufficiency of the evidence justifying the assessment of court costs should be based on the clerk's "bill of costs" rather than on the statutory predicate for the assessment of such costs.

2. The court of appeals erred in failing to reform the judgment to adjudge the correct assessment of court costs as mandated by the relevant statutes.

Appellant's:

Mr. Smith's conviction under Texas Penal Code Section 33.031(b) is void because the Court of Criminal Appeals held this statutory subsection facially unconstitutional.

WR-16,370-02 Smith, Will Donnell None
Habeas Corpus
Habeas Application Filed & Set: 05/14/2014 / Dallas / Aggravated Sexual Assault
1. Whether Applicant's sentence was improperly cumulated;

2. Whether Applicant's sentence is "void" or illegal; and

3. Whether Applicant may raise his claim for the first time in an application for a writ of habeas corpus.

PD-1615-14 Smith, William
aka Bill Smith
Vol. 22, No. 47
11/24/2014

13-11-00694-CR
State's 02/11/2015 Nueces / Driving While Intoxicated
1. Whether the implied consent and mandatory blood draw provisions of the Texas Transportation Code are a constitutionally valid alternative to the warrant requirement.

2. Whether the defendant preserves his Fourth Amendment objection to blood evidence when he fails to object to testimony concerning the results of testing done on that blood and only later objects to admission of the blood sample itself.

PD-0543-14 Speights, Billy Wayne None

06-12-00137-CR
State's 06/11/2014 Bowie / Aggravated Sexual Assault of a Child & Indecency with a Child
1. Is the subsumption theory of Patterson v. State still valid in light of this Court's more recent case law?

2. If Patterson is still valid, is indecency by exposure incident to and subsumed by indecency by contact when the defendant masturbates in front of the victim and causes the victim to touch the defendant's penis?

PD-1071-14 Stairhime, Ryan Matthew Vol. 22, No. 30
0/28/2014

439 S.W.3d 499
Appellant's 11/19/2014 Harris / Murder
The Court of Appeals determined Mr. Stairhime had waived all error during voir dire when, at the end of voir dire, he made no objection to the seated jury. Mr. Stairhime was denied the right to ask a proper question and made a timely and specific objection. Did the Court of Appeals err in holding that by affirmatively stating no objection to the seated jury, that all previously made objections were waived?
PD-0122-15 Stephenson, Eric Dwayne None

02-13-00537-CR
Appellant's 04/29/2015 Tarrant / Violating Civil Commitment Requirement
1. The convictions on Count I, Count II, and Count III are for the same offense for double jeopardy purposes.

2. The trial court had no jurisdiction in this case because the prior jurisdictional judgment was on appeal and was, therefore, not a final judgment.

3. The trial court erred by denying Appellant's motion to quash the indictment.

4. The trial court erred by denying Appellant's motion for directed verdict.

5. The trial court erred by sustaining the State's relevance objection to Appellant's proffered evidence that the commitment order was on appeal.

PD-729-14 Tapia, Gilbert None

13-12-00334-CR
State's 09/17/2014 Beey / Aggravated Assault
1. Must a revocation be based on evidence of a violation that occurred or was discovered subsequent to the preceding continuation or modification?

2. If the State is required to allege all known violations or risk forfeiting them, is that requirement subject to waiver or estoppel?

PD-1316-14 Thurston, George Anthony None

02-13-00242-CR
Appellant's 01/28/2015 Tarrant / Tampering w/ Evidence
In the context of tampering with evidence, how far does the "impending or about to take place" definition of "pending" extend? Is it limited to investigations flowing directly from the defendant's action? Or does it extend to situations where the defendant is both temporally and proximately removed from the initiation of the investigation?
PD-0679-14 Torres, Manuel None

08-12-00244-CR
State's 09/17/2014 El Paso / Possession of Controlled Substance
1. Where Torres failed to allege or attest in his habeas pleadings, or otherwise provide any competent evidence demonstrating, that had he been properly advised, he would have availed himself of a trial, the Eighth Court erroneously held that Torres satisfied the prejudice prong of Strickland.

2. The Eighth Court erroneously failed to conduct a proper Strickland prejudice inquiry where it held that prejudice stemming from a Padilla violation was "presumed," failed to afford proper deference to the trial court's express findings on disputed fact issues and credibility assessments, and failed to determine whether a decision to reject the plea bargain would have been rational under the circumstances.

3. Where the totality of the circumstances demonstrates that counsel sufficiency advised Torres that deportation was an inevitable consequence after his guilty plea, the Eighth Court erroneously held that counsel rendered deficient performance simply because he did not specifically stated that Torres's plea "will" result in his removal.

PD-0078-15 Vasquez, Jose Vol. 23, No. 1
01/05/2015

14-12-00096-CR
State's 04/15/2015 Harris / Capital Murder - Life Sentence
1. The lower court's majority opinion erred in holding that the appellant preserved his two-step interrogation complaint for appellate review.

2. The lower court's majority opinion erred in holding that the appellant was subject to custodial interrogation prior to receiving and waiving his legal rights.

3. The lower court's majority opinion erred in holding that a two-step interrogation technique was deliberately employed by the police.

4. The lower court's majority opinion erred in holding that the appellant was harmed by the admission of his statement when there was overwhelming evidence of the appellant's guilt independent of his statement to the police.

WR-37,070-02 Vela, Kenneth None
Habeas Corpus
Habeas Application Filed & Set: 06/11/2014 / Bexar / Possession of Controlled Substance
Whether an appellate court's order overturning a sentence causes that sentence to cease to operate when it is part of a stacked series.
PD-0280-15 Wachtendorf, John Allen Jr. None

03-14-00633-CR
State's 04/29/2015 Williamson / Driving While Intoxicated
This Court should revisit the existing precedent that the 3rd Court of Appeals misinterpreted, to clarify for the various courts of appeal, and to avoid a manifest unfairness in future State's appeals, that the strict timeline for the State's notice of appeal is predicated upon and requires that the State has adequate notice of the existence of a signed appealable order.
PD-0635-14 Weems, Daniel James Vol. 29, No. 20
05/19/2014

04-13-00366-CR
State's 08/20/2014 Bexar / Felony DWI
1. Are the "established exceptions" to the "warrant requirement" the exclusive way of determining whether a particular warrantless search or seizure is reasonable under the Fourth Amendment?

2. Is a warrantless, nonconsensual search administered in compliance with Transportation Code section 724.012(b) reasonable under the Fourth Amendment?

3. Did the court of appeals err in its interpretation of section 724.012(b) by suggesting that the statute does not dispense with a search warrant?

4. Did the court of appeals err in its conclusion that there were no exigent circumstances?

WR-78,439-02 West, Damon None
Habeas Corpus
Habeas Application Filed & Set: 03/18/2015 / Dallas / Engaging in Organized Criminal Activity
1. Whether counsel rendered ineffective assistance of counsel, and if so,

2. Whether there is a reasonable probability that, but for counsel's errors, the sentencing jury would have reached a more favorable penalty-phase verdict.

PD-0061-15 Wood, Carlton Vol. 23, No. 01
01/05/2015

04-14-00224-CR
State's 04/22/2015 Bexar / Evading Arrest with a Motor Vehicle
1. The Court of Appeals erred by refusing to apply a presumption that the defendant pled true to the enhancement.

2. Where the trial court finds an enhancement true and the defendant does not object, the presumption should be applied.

3. The evidence supported the court’s finding of true, contrary to the Court of Appeals’ holding.