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Neil Paul Noble v. Texas

Paid petition · Court of Appeals of Texas, Fifth District, No. 05-21-00326-CR · judgment December 1, 2022


Certiorari denied · May 22, 2023
Pre-decision estimate: 0% cert probability

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

Question presented

A. Indictment A(l). Notice Is a Fundamental Federal Constitutional Right Is the Sixth Amendment right to be informed of the na­ ture and cause of the accusation a fundamental federal constitutional right that should be made applicable to proceedings in state courts through the Fourteenth Amendment? Should lack of sufficient notice of the nature and cause of the accusation under the Sixth Amendment be made constitutional error requiring proof beyond a reasona­ ble doubt that the lack of notice was harmless? Should lack of sufficient notice of the nature and cause of the accusation under the Sixth Amendment be made structural error requiring reversal without a harmless error analysis? A(2). More Precise Notice Are obscenity, harassment, and/or stalking cases classes of cases where more specific pleading should be required than merely repeating the language of the statute? Should the precise comments alleged to be obscene, harassing, or threatening be set-out on the face of the indictment?

Counsel of record

For petitioner
Neil Paul Noble

For respondent
Michele O'Brien Yeatts
Dallas County District Attorney

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jul 24 2023
    Rehearing DENIED.
  2. Jun 29 2023
    DISTRIBUTED.
  3. May 31 2023
  4. May 22 2023
    Petition DENIED.
  5. May 05 2023
    Supplemental brief of petitioner Neil P. Noble filed. (Distributed)
  6. May 02 2023
    DISTRIBUTED for Conference of 5/18/2023.
  7. Apr 27 2023
    Waiver of right of respondent Texas to respond filed.
  8. Apr 05 2023
    Petition for a writ of certiorari filed. (Response due May 10, 2023)