StateProsecutingAtty

The Office of the State Prosecuting Attorney is the voice of the people of Texas before the Court of Criminal Appeals.

[StateProsecutingAtty @OSPATX]

Delaney, PD-0135-26, granted 6-4: Can Texas prosecute someone for promotion of child porn if he posts it to a private Kik chatroom while out of state but someone in Texas views it? Did the State have to prove his knowledge of that result?

[StateProsecutingAtty @OSPATX]

Burgos-Aviles, PD-0072-26, granted 6-4: “The court of appeals’ rationale for rejecting Appellant’s claim that the trial court erred in discharging his second-chair attorney and appointed a new one over his objection fails to properly apply the relevant caselaw.”

[StateProsecutingAtty @OSPATX]

Rios, PD-0014-26, granted 5-21: (1) Does a search warrant affidavit sworn before another officer rather than a judge render it facially defective, precluding good faith? (2) Should good faith apply when there was unawareness of a statute enacted to protect cell phone privacy?

[StateProsecutingAtty @OSPATX]

Tolentino, PD-0872-25, granted 5-21: Did the lower court (1) apply the wrong standard by reviewing denial of a trial in defendant's language as a due process issue rather than a Sixth Amendment violation; and (2) misapply the abuse of discretion standard to the record?

[StateProsecutingAtty @OSPATX]

Hernandez, PD-0929-26, granted 5-21: (1) did the COA misapply Rule 38.1(i) to avoid a new trial claim; (2) does a juror's inability to focus constitute juror disability under art. 36.29(b); (3) was law enforcement narration of slow-mo video harmless?

[StateProsecutingAtty @OSPATX]

Patterson, PD-1009-25, granted 5-7: For gang-member Engaging in Organized Criminal Activity, can each predicate offense form a separate EOCA conviction— or only a different manner/means, as with combination EOCA?

[StateProsecutingAtty @OSPATX]

Pitts-Marshall, PD-0013-26: “Does a federal law enforcement agent ‘lawfully discharge an official duty’ while making a state law misdemeanor arrest when Texas law allows a federal agent to make only state law felony arrests?”

[StateProsecutingAtty @OSPATX]

Salazar, PD-0019-26, granted 5-7: (1) whether having alternates deliberate alongside 12 able jurors violated the TX constitutional right to a 12-person jury, and (2) whether alternate jurors actively participating in deliberations was harmless error.

[StateProsecutingAtty @OSPATX]

Neuser, PD-0981-25, granted 4-30: If a party's own vague voir dire questions leave juror qualifications unclear, can the trial court refuse a do-over? And does a juror who would "always or almost always" believe police over other witnesses qualify for a cause challenge?

[StateProsecutingAtty @OSPATX]

Lamnissos, PD-0873-25, granted 4-30: Can a trial court strip a defendant's right to self-representation for asking irrelevant questions—without finding deliberate obstruction? And if it does, must it grant a continuance so unprepared standby counsel can get up to speed?

[StateProsecutingAtty @OSPATX]

Valdez, PD-0585, granted 4-16: Should defense counsel's bolstering objection have been overruled when the investigator testified the children "were believable" when they accused the defendant of sexual abuse?

[StateProsecutingAtty @OSPATX]

Morris: PD-1034-25, granted 4-9: A clerk rejected Appellant's new trial motion over a formatting issue and made him refile. He refiled after the deadline. Should the clerk have backdated the refiled motion to the original filing date?

[Scott Field @ScottKingField]

Come work with me! The 15th Court of Appeals has a staff attorney opening. #appellatejobs Link here https://t.co/BxOf9NWWgu

[StateProsecutingAtty @OSPATX]

Moten, PD-0932-25, granted 4/2: Should Heath be overruled so that “state” in the discovery statute means the prosecutor’s office or a state actor participating in the investigation or prosecution of the offense?

[StateProsecutingAtty @OSPATX]

Philpot, PD-0715-25, granted 4/2: Does a fake cashier’s check drawn on a nonexistent bank purport to be the act of “another”? Did failing to charge the jury that “another” included corporate entities harm him? Was the check so fake that it could not have been intended to deceive?

[StateProsecutingAtty @OSPATX]

Ballester, PD-0839-25, granted 3-5: Does provoking the difficulty have to be pretextual to warrant the statutory instruction or for the jury to reject self-defense on that basis?

[StateProsecutingAtty @OSPATX]

Stocker, PD-0233-25, granted 2-26: Can an unverified anonymous tip alone satisfy Baldwin’s required search-warrant nexus between the crimes investigated and the phone? Did the warrant affidavit as a whole establish the nexus?

[StateProsecutingAtty @OSPATX]

New Professional Ethics Opinion 709 addresses the duties and obligations of "appearance attorneys" and hiring attorneys. See the excerpt below. The opinion should be posted on the Texas Center for Legal Ethics website tomorrow. https://t.co/ouxbq6tOMm

[StateProsecutingAtty @OSPATX]

Both high courts have approved New Rule 31.8, which governs the State's expedited appeal from an order granting bail. https://t.co/WYWgwWJML0

[StateProsecutingAtty @OSPATX]

Barrera, PD-0541-25, granted 1-29: Should Irby’s reasons for being entitled to cross a State’s witness on his probationary status be expanded beyond bias or a reason to testify for the State? Should Irby otherwise be modified?