Supreme Court of the United States · Official docket →
Micah Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 23-70004 · judgment October 18, 2024
Dismissed · September 12, 2025
Question presented
Whether reasonable jurists would disagree that a prosecutor violates a capital defendant’s Fifth-Amendment right not to testify at the penalty phase by repeatedly telling the jury that the defendant deserved no mercy because he had not personally begged them for it—because he had not “throw[n] himself on his face in front of the jury and said I did it all, forgive me. It’s my fault.” ROA.8723.
Counsel of record
For petitioner
Donna F. Coltharp
Fed. Pub. Def. for Western District of Texas
For respondent
Jefferson David Clendenin
Office of the Attorney General of Texas
Proceedings
- Sep 12 2025Petition Dismissed - Rule 46.
- Sep 10 2025Joint stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46 filed.
- Jul 10 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 10 2025Reply of petitioner Micah Crofford Brown filed. (Distributed)
- Jun 26 2025Brief of respondent Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
- May 16 2025Motion to extend the time to file a response is granted and the time is extended to and including June 26, 2025.
- May 15 2025Motion to extend the time to file a response from May 27, 2025 to June 26, 2025, submitted to The Clerk.
- Apr 15 2025Motion to extend the time to file a response is granted and the time is extended to and including May 27, 2025. See Rule 30.1.
- Apr 14 2025Motion to extend the time to file a response from April 24, 2025 to May 24, 2025, submitted to The Clerk.
- Mar 21 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2025)
- Feb 14 2025Application (24A775) granted by Justice Alito extending the time to file until March 21, 2025.
- Feb 06 2025Application (24A775) to extend the time to file a petition for a writ of certiorari from February 19, 2025 to April 20, 2025, submitted to Justice Alito.