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Gustavo Tijerina Sandoval v. Texas
IFP petition · Court of Appeals of Texas, Thirteenth District, No. 13-18-00392-CR · judgment March 6, 2025
Questions presented
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May a state court that reaches and decides an asserted violation of the Sixth Amendment right to jury trial that has not been waived or forfeited under state law nevertheless affirm under a heightened, state-law harm standard because trial counsel did not object, rather than applying Chapman’s harmless-beyond-a-reasonable-doubt standard?
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Does petitioner’s conviction violate the Sixth and Fourteenth Amendments because the jury was authorized to convict without being instructed to find every element of the offense beyond a reasonable doubt?
Counsel of record
For petitioner
Jennae Rose Swiergula
Texas Defender Service
For respondent
Lori Denise Brodbeck
Texas Office of the Attorney General
Proceedings
- Dec 15 2025Petition DENIED.
- Nov 26 2025DISTRIBUTED for Conference of 12/12/2025.
- Nov 19 2025Waiver of right of respondent Texas to respond filed.
- Oct 31 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 5, 2025)
- Sep 20 2025Application (25A196) granted by Justice Alito extending the time to file until November 1, 2025.
- Sep 15 2025Application (25A196) to extend further the time from October 2, 2025 to November 1, 2025, submitted to Justice Alito.
- Aug 19 2025Application (25A196) granted by Justice Alito extending the time to file until October 2, 2025.
- Aug 15 2025Application (25A196) to extend the time to file a petition for a writ of certiorari from September 2, 2025 to November 1, 2025, submitted to Justice Alito.