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John Chambers v. Texas

Paid petition · Court of Appeals of Texas, Thirteenth District, No. 13-16-00079-CR · judgment April 9, 2020


Certiorari denied · June 7, 2021
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

  1. Whether the Court of Appeals violated the Due Process Clause of the Fourteenth Amendment by making an unforeseeable and retroactive judicial expansion of the Texas Tampering With a Governmental Record statute.

  2. The Texas Tampering with a Governmental Record Statute contains a statutory defense to prosecution that requires acquittal if the false entry could have no effect on the government’s purpose for requiring the record. As a matter of law, the government had no legal right to or purpose for the records at issue. By concluding that the evidence was nevertheless legally sufficient, the did the Court of Appeals violate the Due Process Clause of the Fourteenth Amendment by impermissibly shifting the burden of proof on an essential element of the defense to the accused?

Counsel of record

For petitioner
John Torrey Hunter
Hunter, Lane & Jampala

For respondent
Samuel Benjamin Katz
Cameron County District Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 07 2021
    Petition DENIED.
  2. May 18 2021
    DISTRIBUTED for Conference of 6/3/2021.
  3. Apr 28 2021
    Brief of respondent State of Texas in opposition filed.
  4. Mar 29 2021
    Petition for a writ of certiorari filed. (Response due April 30, 2021)