Supreme Court Report

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Feanyichi E. Uvukansi v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-20435 · judgment January 17, 2025


Certiorari denied · October 6, 2025
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Fifth Circuit decision below, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

The state courts found that the trial prosecutor knowingly presented and failed to correct perjured testimony that the only eyewitness to identify petitioner as one of the shooters in a capital murder had not been promised anything for his testimony. Yet the courts concluded that petitioner had failed to prove by a preponderance of the evidence that the perjured testimony was “material,” as it concerned the witness’s credibility rather than his identification. On federal habeas corpus review, the Fifth Circuit concluded that this Court has not clearly established which party has the burden of proof on the materiality of perjured testimony and thus held that the state court decision was not contrary to and did not involve an unreasonable application of this Court’s precedent. The questions presented are: I. Whether the state courts—by requiring petitioner to prove by a preponderance of the evidence that the prosecution’s knowing presentation of and failure to correct perjured testimony affected the verdict— rendered a decision that was contrary to and unreasonably applied this Court’s clearly established precedent, which requires that the prosecution prove beyond a reasonable doubt that the perjured testimony did not affect the verdict. II. Whether the state courts—by concluding that the prosecution’s knowing presentation of and failure to correct perjured testimony was not material because the jury could

Counsel of record

For petitioner
Randolph L. Schaffer Jr.

For respondent
Lori Denise Brodbeck
Texas Office of the Attorney General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Order
Order list, October 6, 2025 · Certiorari denied

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 05 2025
    Reply of petitioner Feanyichi E. Uvukansi filed. (Distributed)
  3. Jul 23 2025
    DISTRIBUTED for Conference of 9/29/2025.
  4. Jul 07 2025
    Brief of respondent Eric Guerrero, Director, Texas Department of Criminal Justice in opposition filed.
  5. Jun 03 2025
    Motion to extend the time to file a response is granted and the time is extended to and including July 7, 2025.
  6. Jun 02 2025
    Motion to extend the time to file a response from June 4, 2025 to July 7, 2025, submitted to The Clerk.
  7. May 05 2025
    Response Requested. (Due June 4, 2025)
  8. Apr 29 2025
    DISTRIBUTED for Conference of 5/15/2025.
  9. Apr 28 2025
    Waiver of right of respondent Eric Guerrero, Director, Texas Department of Criminal Justice to respond filed.
  10. Apr 16 2025
    Petition for a writ of certiorari filed. (Response due May 19, 2025)