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Franklin Danuari Calix-Reyes v. Texas
IFP petition · Court of Appeals of Texas, Eighth District, No. 08-23-00357-CR · judgment March 28, 2025
Question presented
Did the 8th Court of Appeals of Texas err by ruling that the Petitioner voluntarily, knowingly and intelligently waived his Miranda rights when the recorded custodial interrogation interview reveals that the interrogating officer first obtained the signature of Petitioner to the waiver of Petitioner’s Miranda rights, the n the interrogating officer rapidly mumbled and read the Petitioner’s Miranda rights to himself in a faintly audible voice, followed by the interrogating law enforcement officer failing to read or explain the waiver of Miranda rights to Petitioner, and a subsequent admission by the interrogating officer to the trial court that he was reading the waiver of the Miranda rights to himself? Did the 8th Court of Appeals of Texas err by ruling that the interrogating law enforcement officer’s rapid mumbling faintly audible and admittedly self-reading of the waiver of Petitioner’s Miranda rights, substantially complied with the Fifth and Fourteenth Amendments to the United States Constitution?
Counsel of record
For petitioner
Albert Garza Valadez
Valadez Law Office, PLLC
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- May 18 2026Petition DENIED.
- Apr 23 2026DISTRIBUTED for Conference of 5/14/2026.
- Mar 02 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2026)