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
Questions presented
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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?
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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?
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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
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Proceedings
- Jan 12 2026Rehearing DENIED.
- Dec 23 2025DISTRIBUTED for Conference of 1/9/2026.
- Oct 27 2025Petition for Rehearing filed.
- Oct 06 2025Petition DENIED.
- Aug 28 2025DISTRIBUTED for Conference of 9/29/2025.
- May 17 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 15, 2025)
- Feb 27 2025Application (24A826) granted by Justice Alito extending the time to file until May 17, 2025.
- Feb 20 2025Application (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.