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David Wood v. Rachel Patton, Assistant Attorney General of Texas

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-70004 · judgment August 6, 2025

Certiorari denied · January 12, 2026

Question presented

Does the Texas Court of Criminal Appeals’ fifteen-year, twenty-three case unbroken string of denying DNA testing appeals create a plausible claim that the state-created right is illusory in practice?

Counsel of record

For petitioner
Jeremy Don Schepers
Office of the Federal Public Defender, NDTX

For respondent
Katherine Davis Abell
Office of the Attorney General of Texas

Case

Conference history
Distributed for 1 conference

Proceedings

Jan 12 2026
Petition DENIED.
Dec 24 2025
DISTRIBUTED for Conference of 1/9/2026.
Dec 22 2025
Reply of petitioner David Wood filed. (Distributed)
Main Document Proof of Service
Dec 05 2025
Brief of respondent Rachel Patton, Assistant Attorney General of Texas in opposition filed.
Main Document Proof of Service
Nov 04 2025
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 8, 2025)
Motion for Leave to Proceed in Forma Pauperis Petition Appendix Proof of Service