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James Garfield Broadnax v. Texas

Paid petition · Court of Criminal Appeals of Texas, No. WR-81,573-04 · judgment April 7, 2026


Certiorari denied · April 30, 2026
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below and counsel who has filed here before, and down for a state or local-government respondent.

Questions presented

  1. Where a defendant was convicted and sentenced to death for shooting and killing two victims without a finding of “reckless indifference to human life” under Tison v. Arizona, 481 U.S. 137 (1987), whether new, previously unavailable evidence from his codefendant, recanting his previous statements and declaring under penalty of perjury that he, and not the defendant, shot and killed the two victims, entitles the defendant to relief under the Eighth Amendment.

  2. Whether the State’s racially discriminatory strikes of all seven qualified prospective Black jurors, shown by it identifying prospective jurors by race on a spreadsheet used during jury selection, by a notation that its “only concern” about a juror was his “age + race,” by newly disclosed evidence of notations of race on a chart used during jury selection at the codefendant’s trial, and by newly obtained affidavits from three struck prospective Black jurors, violated the Equal Protection Clause of the Fourteenth Amendment under Batson v. Kentucky, 476 U.S. 79 (1986). (I)

Counsel of record

For petitioner
Steven Craig Herzog
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Stephen Matthew Hoffman
Office of the Attorney General

Case

Conference history

Linked docket
25A1158

Proceedings

  1. Apr 30 2026
    Application (25A1158) for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
  2. Apr 30 2026
    Petition DENIED.
  3. Apr 28 2026
    Reply of petitioner James Garfield Broadnax filed.
  4. Apr 27 2026
    Brief of respondent Texas in opposition filed.
  5. Apr 20 2026
    Petition for a writ of certiorari filed.
  6. Apr 20 2026
    Application (25A1158) for a stay of execution of sentence of death, submitted to Justice Alito.