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Gilbert Rodriguez, IV v. Texas

Paid petition · Court of Criminal Appeals of Texas, No. WR-54,880-02 · judgment September 7, 2022


Certiorari denied · February 21, 2023
Pre-decision estimate: 1% cert probability

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

Question presented

Whether the 183rd district court for Harris County, Texas erred in denying Petitioner Rodriguez’s writ of Habeas Corpus when Petitioner’s trial and appellate counsel were ineffective in violation of the Sixth Amendment to the U.S. Constitution? Whether the Petitioner’s Fifth and Fourteenth Amendment rights to due process of law were violated in that evidence used in his trial was obtained in violation of his Miranda rights and counsel was ineffective in failing to object to that inadmissible evidence? Whether the trial counsel’s failure to properly file a judgment of acquittal and the appellate counsel’s failure to raise an acquittal on direct appeal to challenge or vacate the conviction constitutes ineffective assistance of counsel in violation of the Sixth Amendment to the U.S. Constitution?

Counsel of record

For petitioner
Robert L. Sirianni Jr.
Brownstone, P.A.

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 21 2023
    Petition DENIED.
  2. Jan 25 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Dec 05 2022
    Petition for a writ of certiorari filed. (Response due January 9, 2023)