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Sammy Jay Riddle v. Texas

Paid petition · Court of Criminal Appeals of Texas, No. WR-91,158-01 · judgment September 7, 2022


Certiorari denied · April 3, 2023
Pre-decision estimate: 2% cert probability

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

Question presented

I. Whether the Texas courts denied petitioner due process by rejecting his substantial ineffective assistance of counsel claim without conducting an evidentiary hearing, based on the trial prosecutor’s affidavit, even though the record corroborated petitioner’s and trial counsel’s contradictory affidavits. II. Whether the Texas courts’ refusal to conduct an evidentiary hearing on petitioner’s substantial ineffective assistance of counsel claim conflicts with this Court’s decision in Commonwealth of Pennsylvania ex rel. Herman v. Claudy, 350 U.S. 116, 123 (1956) (“Under the allegations here petitioner is entitled to relief if he can prove his [constitutional claim]. He cannot be denied a hearing merely because the allegations of his petition were contradicted by the prosecuting officers.”). III. Whether due process requires a trial court to admonish a defendant, before accepting a guilty plea, that the plea waives the defendant’s constitutional right to require the prosecution to prove each essential element of the offense beyond a reasonable doubt. The Texas Court of Criminal Appeals’ decision concerning this issue conflicts with decisions of other state high courts.

Counsel of record

For petitioner
Josh Barrett Schaffer
Schaffer Law Offices

For respondent
Eric Charles Carcerano
Chambers County District Attorney's Office

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 03 2023
    Petition DENIED.
  2. Mar 27 2023
    Reply of petitioner Sammy Jay Riddle filed. (Distributed)
  3. Mar 15 2023
    DISTRIBUTED for Conference of 3/31/2023.
  4. Feb 23 2023
    Brief of respondent Texas in opposition filed.
  5. Feb 09 2023
    Motion to extend the time to file a response is granted and the time is extended to and including February 27, 2023.
  6. Jan 26 2023
    Motion to extend the time to file a response from January 27, 2023 to February 27, 2023, submitted to The Clerk.
  7. Dec 28 2022
    Response Requested. (Due January 27, 2023)
  8. Dec 21 2022
    DISTRIBUTED for Conference of 1/6/2023.
  9. Dec 20 2022
    Waiver of right of respondent Texas to respond filed.
  10. Dec 05 2022
    Petition for a writ of certiorari filed. (Response due January 6, 2023)