Texas Criminal Defense Lawyers Association - Voice For The ...

2. The Court of Appeals’ opinion reversing this conviction is
unwarranted because under the Texas Rules of Appellate procedure
this conviction should be remanded for a hearing where
a full record can be made regarding Appellant’s immigration
status and if he was aware of the collateral consequences of
pleading guilty.
06-0536 Hardy, Dearl, State’s PDR from Chambers County;
Perjury
The Fourteenth Court of Appeals erred by reversing and rendering
Appellee’s sentence based on a nearly 55-year-old case that
has been cited by only one intermediate Texas appellate court
and which conflicts with other intermediate Texas appellate
court decisions.
06-0590 Reed, Willis Deshaun, State’s PDRs from Dallas
County; Aggravated Robbery;
06-0591 Possession of Firearm by Felon
Whether the Court of Appeals erred by resolving the harm
analysis in reed’s favor solely because certain exhibits are missing
from the record without determining whether the missing
exhibits were necessary for resolution of Reed’s appeal.
06-0603 Pruitt, Alfredo, State’s PDR from Caldwell County;
Aggravated Sexual Assault
1. What constitutes an adequate election of offenses based on
the court’s charge and jury argument in light of Tex.CodeCrim.
Proc. Art. 38.37?
2. Does an acquittal for genital penetration necessarily bar a
subsequent prosecution for genital-to-genital contact from the
same or a different transaction?
06-0689 Teal, Wilbert, State’s PDR from Angelina County;
Hindering Apprehension
The Court of Appeals erred in holding that the indictment
presented in this case was insufficient to vest the district court
with subject-matter jurisdiction.
06-0718/719 Villanueva, Gregory Lee, Appellant’s PDR from
Burleson County; Injury to Child (2 counts)
Whether the Court of Appeals erred when it held that convictions
for injury to a child by both an act and an omission,
under Tex. Penal Code §22.04, arising out of the same criminal
transaction, did not violate double jeopardy prohibitions against
multiple punishments for the same offense.
06-0807 Winegarner, Peter David, State’s PDR from Dallas
County; Assault Involving Family Violence
based solely upon an opinion of this Court, decided after the
trial of this case, dealing with the admission of evidence?
State’s PDRs from Travis County:
06-0826/827/828 Colyandro, John Dominick, Conspiracy to
Make Illegal Contribution
06-0829/830/831 Ellis, James Walter, Conspiracy to Make Illegal
Contribution
06-0832/833 Delay, Thomas Dale, Conspiracy to Make Illegal
Contribution
The Court of Appeals erred in holding that, prior to September
1, 2003, the criminal conspiracy provisions of Section 15.02 of
the Texas Penal Code did not apply to the felony offense of making
an illegal contribution under the Texas Election Code.
06-0866 Few, Lawrence Wendell, Appellant’s PDR from El Paso
County; Solicitation to Commit Capital Murder
1. Whether Appellant’s notice of appeal in this cause was sufficient
in law to invoke the jurisdiction of the Court of Appeals.
2. Whether it was appropriate for the Court of Appeals to dismiss
Appellant’s appeal without first giving him a reasonable
opportunity to correct defects in his notice of appeal.
06-0944 Lomax, Mark Wayne, Appellant’s PDR from Harris
County; Felony Murder
Can a felony murder conviction be based on an underlying
felony that expressly requires no mens rea, despite the fact that in
a felony-murder conviction, the mens rea for the act of murder
is supplied by the mens rea of the underlying offense?
06-0973 Jordan, Elmer Ray, Jr., State’s PDR from Denton
County; Possession w/Intent to Deliver a Controlled Substance
Did the Court of Appeals err in refusing to conduct a harm
analysis in this case where the evidence supporting an enhancement
allegation was found to be insufficient when this court
has previously held that only “structural” constitutional errors
are categorically immune to harmless error analysis?
06-1094 Johnson, Craig, Appellant’s PDR from Hill County;
DWI
Did the Court of Appeals err in construing the amended statute
of Texas Transportation Code § 502.409(a) in a manner which
was not in favor of the accused as required by this Court in
Thomas v. State, 919 S.W.2d 427, 430 (Tex.Crim.App. 1996)?
Whether the Court of Appeals applied the correct standard of
review when it reversed the trial court’s exclusion of evidence
40 VOICE FOR THE DEFENSE October 2006