PD-1761-08, Alvin Mike Garza v. State: The Court granted the State's petition for discretionary review without oral argument in this Hale County attempted aggravated assault case on the following issues:
1. May a court of appeals, through unassigned error, raise an issue that an Appellant would be precluded from raising on appeal?
2. Did the information filed in conjunction with Appellant's waiver of indictment permit a conviction for the felony offense to which Appellant pled and stipulated his guilt when the information facially alleged a misdemeanor?
3. Should error be assigned and briefing ordered before a court of appeals may reverse a conviction based on error not raised by the parties, even when a novel constitutional issue is not involved?
For a summary of and links to the underlying case, click here.
PD-0137-09, Steven Carl Grey v. State: The Court granted the State's petition for review without oral argument in this Hays County assault case on the following issue:
Arevalo v. State should be overruled.
For a summary of and links to the underlying case, click here.
PD-0265-09, Vickey Lashun Tolbert v. State: The Court granted the State's petition for discretionary review with oral argument in this Dallas County capital murder on the following issue:
Criminal jury charges contain "law applicable to the case," and often "defensive issues." To obtain review on appeal, complaints involving "law applicable to the case" need not be preserved at trial but "defensive issues" must be preserved. Did the Fifth Court of Appeals wrongly hold that where a defendant states "no objection" to the proposed charge and then complains on appeal about the omission of a lesser-included offense instruction, the Almanza standard applies? (Vi r.r. at 64).
For a summary of and links to the underlying case, click here.
