Supreme Court Report

Supreme Court of the United States · Official docket →

Lucio Roy Atkinson v. Texas

IFP petition · Court of Criminal Appeals of Texas, No. WR-71,472-07 · judgment December 18, 2024


Certiorari denied · October 6, 2025

Questions presented

  1. Can the State of Texas "dry lab" test results in order to obtain a conviction under TEX. HEALTH & SAFETY CODE § 481.104(a)(2) and § 481.114(a)(c)? Meaning/ can the Department of Public Safety Crime Laboratory Forensic Analyst draw her conclusions by. masquerading the use of the internet/ "drugs.com", as conclusive forensic evidence in identifying alleged controlled substance without identifying the source of the library spectra used to compare her instrument data to a reference in order to identify the compound as CLONAZEPAM? In other words/ can the State's expert "guess" what the alleged substance is? And if not/ is this action/ and/or inaction/ a violation of Petitioner's rights under the 14th Amendment to the United States Constitution?

  2. Does the Texas 11.07 statute deprive pro se litigants a full and fair opportunity to litigate/ where a litigant has a color­ able claim of extrinsic fraud and the statute fails to mandate the appointment of counsel? And if soz is this a violation of the 14th Amendment to the United States Constitution?

  3. Can this case's emergence be the reason that this Court constitutionalized and proclaimed that the 6th Amendment to the United States Constitution requires the appointment of post­ conviction habeas counsel/ where un-skilled/ indigent/ pro se litigants are deprived equal protections under the 14th Amend­ ment to the. United States Constitution?

Counsel of record

For petitioner
Lucio Roy Atkinson

For respondent

Case

Conference history
Distributed for 2 conferences

Linked docket
24A826

Proceedings

  1. Jan 12 2026
    Rehearing DENIED.
  2. Dec 23 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Oct 27 2025
    Petition for Rehearing filed.
  4. Oct 06 2025
    Petition DENIED.
  5. Aug 28 2025
    DISTRIBUTED for Conference of 9/29/2025.
  6. May 17 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 15, 2025)
  7. Feb 27 2025
    Application (24A826) granted by Justice Alito extending the time to file until May 17, 2025.
  8. Feb 20 2025
    Application (24A826) to extend the time to file a petition for a writ of certiorari from March 18, 2025 to May 17, 2025, submitted to Justice Alito.