FifthAmendment DueProcess
waived even though it is observed and Texas Penal Code § 25.1(d) prohibited the use of more counts for the same offense arising out of the same criminal episode during the same time period, against the same victim and resulted in multiple punishments?
Did the state violate Jason McBride's constitutional Due Process rights when it held a hearing without his presence or notification in court on April 11 2017 to make an amendment to his indictment six days before trial?
Is a threat to commit bodily injury enough to charge and convict someone of Aggravated Assault with a Deadly Weapon without the defendant's presence in court and without resubmitting the indictment back to the grand jury in order to try and avoid the double jeopardy same element test?
Did the court of Appeals err when it affirmed convictions for count 2, 4 and 5 that violated defendant's double jeopardy rights?
Is it the fault of defendant or his counsel for failing to raise an objection to a Double Jeopardy violation in order to preserve error for review on direct appeal?
Did the state decide an important Constitutional Double Jeopardy violation that conflicted with another Court and the Supreme Court?