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James Calvert v. Texas

Paid petition · Court of Criminal Appeals of Texas, No. AP-77,063 · judgment October 9, 2019

Certiorari denied · May 17, 2021
Pre-decision estimate: 2% cert probability

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

Questions presented

This case presents important issues concerning the right to counsel, the Eighth Amendment right to individualized sentencing in a capital case, and the fair administration of justice in Texas. Petitioner respectfully presents three issues for review, each of which warrants the involvement of this Court:

  1. Whether the Constitution prevents a State from allowing a defendant to represent himself in a capital case when the defendant is mentally competent to waive counsel but is not mentally competent to conduct trial proceedings in his capital trial.

  2. Whether the Eighth Amendment prohibits the State of Texas from sentencing Petitioner to death on a finding of future dangerousness based in substantial part on graphic testimony and evidence about an attack on a prison official committed by another inmate in another prison at another time, having no connection to Petitioner.

  3. Whether the constitutional violation resulting from the trial court’s direction to administer a 50,000- volt electric shock to Petitioner during his trial to “enforce decorum” because Petitioner failed to stand when responding to a question from the court constitutes structural error.

Counsel of record

For petitioner
David W. DeBruin
Jenner and Block

For respondent
Jennifer Wren Morris
Texas Attorney General's Office

Case

Conference history
Distributed for 6 conferences

Argument & decision

Decided May 17, 2021.

Proceedings

  1. May 17 2021
    Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached opinion)
  2. May 10 2021
    DISTRIBUTED for Conference of 5/13/2021.
  3. Apr 27 2021
    Rescheduled.
  4. Apr 26 2021
    DISTRIBUTED for Conference of 4/30/2021.
  5. Apr 21 2021
    Rescheduled.
  6. Apr 19 2021
    DISTRIBUTED for Conference of 4/23/2021.
  7. Apr 12 2021
    DISTRIBUTED for Conference of 4/16/2021.
  8. Apr 12 2021
    Rescheduled.
  9. Mar 29 2021
    DISTRIBUTED for Conference of 4/1/2021.
  10. Mar 29 2021
    Rescheduled.
  11. Mar 19 2021
    Rescheduled.
  12. Mar 10 2021
    DISTRIBUTED for Conference of 3/26/2021.
  13. Mar 09 2021
    Reply of petitioner James Calvert filed. (Distributed)
  14. Feb 19 2021
    Brief of respondent Texas in opposition filed.
  15. Jan 13 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including February 19, 2021.
  16. Jan 12 2021
    Motion to extend the time to file a response from January 20, 2021 to February 19, 2021, submitted to The Clerk.
  17. Dec 11 2020
    Motion to extend the time to file a response is granted and the time is extended to and including January 20, 2021.
  18. Dec 10 2020
    Motion to extend the time to file a response from December 21, 2020 to January 20, 2021, submitted to The Clerk.
  19. Nov 16 2020
    Petition for a writ of certiorari filed. (Response due December 21, 2020)