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Eric Drake v. Texas
IFP petition · Court of Criminal Appeals of Texas, No. WR-95,163-03 · judgment August 13, 2025
Question presented
Whether the State’s refusal to allow out of state travel for life-saving medical treatment to a defendant on deferred probation violates the Eighth and Fourteenth Amendments. Whether the Second Amendment prohibit a state from restricting a defendant on deferred probation from possession of firearms to protect his life and property since a deferred adjudication is not a conviction. Whether it violates the Due Process Clause under the Fifth and Fourteenth Amendments if a judge lacked subject-matter jurisdiction entered judgments and sign orders in a state criminal matter.
Counsel of record
For petitioner
Eric Drake
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 20 2026Petition DENIED.
- Dec 31 2025DISTRIBUTED for Conference of 1/16/2026.
- Nov 10 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2025)