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Miguel Adan Cayetano v. Texas

Paid petition · Court of Appeals of Texas, First District, No. 01-23-00463-CR · judgment July 25, 2024


Certiorari denied · May 5, 2025
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Since the District Attorney/State orchestrated fraud with (4) four witnesses assuring the Elements of the Crime were buttressed so that the jury would not find negation of proof required to find the Petitioner/Defendant guilty beyond a reasonable doubt, this should be considered Fraud on the Court. Should the United States Supreme Court use its inherent authority to act sua sponte and vacate the prior decisions of the lower courts?

  2. Did the First Court of Appeals violate the Petitioner’s Right to a Fair Trial under the Due Process Clause of the 14th Amendment and the Right of Confrontation under the 6th Amendment by omitting analysis under Chapman v. California, 386 U.S. 18 (1967), plain error under United States v. Olano, 507 U.S. 725 (1993), Napue v. Illinois, 360 U.S. 264 (1959) and Giglio v. United States, 405 U.S. 150, (1972), when informed that the District Attorney and SANE Nurse colluded to provide Undiscoverable Fraudulent Medical Evidence and other Fraudulent Statements to the jury?

  3. Did the First Court of Appeals violate the United States Constitution’s Supremacy Clause of Article VI, Section 2, by misinterpreting Texas State Precedent regarding Fraudulent Prosecutorial Misconduct in Closing Argument and omitting Petitioner’s Federal Law Arguments under 6th Amendment Right of Confrontation and the 14th Amendment Due Process Clause? Chapman, Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974) and Darden v. Wainwright, 477 U.S. 168, 181 (1986).

Counsel of record

For petitioner
John Joseph Tripodi
The Tripodi Law Firm, P.C.

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
24A608

Proceedings

  1. May 05 2025
    Petition DENIED.
  2. Apr 16 2025
    DISTRIBUTED for Conference of 5/2/2025.
  3. Feb 04 2025
    Petition for a writ of certiorari filed. (Response due April 2, 2025)
  4. Dec 20 2024
    Application (24A608) granted by Justice Alito extending the time to file until February 6, 2025.
  5. Dec 17 2024
    Application (24A608) to extend the time to file a petition for a writ of certiorari from January 7, 2025 to February 21, 2025, submitted to Justice Alito.