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Kaylen DeWayne Simmons v. Texas

Paid petition · Court of Appeals of Texas, First District, No. 01-17-00684-CR, 01-17-00685-CR · judgment June 26, 2018

Certiorari denied · March 18, 2019

Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Whether the Court of Appeals erred in affirming in part the judgments of the trial court by not performing the constitutionally mandated factual sufficiency review of the Petitioner’s affirmative defenses of indigency and impossibility.
Concerning the Petitioner’s affirmative defense of indigency, whether the Court of Appeals’ opinion conflicts with the Court’s binding precedent, the Court of Criminal Appeals of Texas’ binding precedent as well as the precedent of the courts of last resort in several states.

For petitioner
Joseph Rutherford Willie II
WILLIE & ASSOCIATES, P.C.

For respondent
—

Conference history
Distributed for 1 conference

Mar 18 2019
Petition DENIED.
Feb 27 2019
DISTRIBUTED for Conference of 3/15/2019.
Jan 08 2019
Petition for a writ of certiorari filed. (Response due February 11, 2019)