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Katy Elizabeth Kabha v. Texas
IFP petition · Court of Appeals of Texas, Fifth District, No. 05-24-00008-CR · judgment February 24, 2025
Questions presented
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Void Judgment I Due Process Whether the Due Process Clause of the Fourteenth Amendment permits a State to impose and enforce criminal punishment where guilt was never lawfully adjudicated, no guilty or nolo contendere plea was entered, and the disposition imposed was unauthorized by statute.
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Improper Use of Nunc Pro Tunc Whether the Due Process Clause permits a state court to use nunc pro tunc procedure to fabricate plea-based findings that never occurred, contradict the reporter’s record, and retroactively legitimize a criminal judgment that was void when imposed.
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Denial of Meaningful Review / Due Process Whether a State may continue enforcing criminal punishment consistent with the Due Process Clause and the Sixth Amendment after its courts refuse to adjudicate federal claims of suppressed Brady material, ineffective assistance of counsel, an unlawful adjudicative process, and a judgment later altered to fabricate plea findings.
Counsel of record
For petitioner
Katy Elizabeth Kabha
For respondent
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Proceedings
- May 26 2026Petition DENIED.
- May 06 2026DISTRIBUTED for Conference of 5/21/2026.
- Jan 26 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2026)
- Nov 21 2025Application (25A595) granted by Justice Alito extending the time to file until January 31, 2026.
- Nov 12 2025Application (25A595) to extend the time to file a petition for a writ of certiorari from December 2, 2025 to January 31, 2026, submitted to Justice Alito.