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David Pena, III v. Texas

Paid petition · Court of Appeals of Texas, Third District, No. 03-18-00765-CR · judgment August 13, 2019

Certiorari denied · October 5, 2020

Pre-decision estimate: 0% cert probability

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

Questions presented

Whether Texas’ Third Court of Appeals Erred by Finding that the Items Found in the Trunk of Petitioner’s Car Did Not Constitute Fruit of the Poisonous Tree, the Discovery of Which Flowed Directly from Petitioner’s Unwarned Statement to Police.
Whether Texas’ Third Court of Appeals Erred by Finding That Petitioner’s “Actions and Statements” Provided Probable Cause to Search Petitioner’s Car, Including His Trunk, Because the Requirements of the Automobile Exception Were Satisfied.

Conference history
Distributed for 1 conference

Oct 05 2020
Petition DENIED.
Aug 12 2020
DISTRIBUTED for Conference of 9/29/2020.
Jun 23 2020
Petition for a writ of certiorari filed. (Response due July 27, 2020)