Legal Opinion

ALKAYYALI, TAREQ v. the State of Texas

Court of Criminal Appeals of Texas

Decided May 7, 2025No. PD-0290-23Published

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0290-23 TAREQ ALKAYYALI, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS TARRANT COUNTY PARKER, J., filed a dissenting opinion. DISSENTING OPINION The plurality opinion frames the question in this case as whether egregious harm occurs if the jury charge “fails to require the State to prove every contested element of an offense beyond a reasonable doubt.” But that is not the correct question in this case. Here, the jury charge in fact required the State to prove every element of the…

2Cases cited30 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  3. Neder v. United StatesSupreme Court of the United States · 1999
  4. Malik v. StateCourt of Criminal Appeals of Texas · 1997
  5. Sullivan v. LouisianaSupreme Court of the United States · 1993

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