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Antoine James Garrett v. Texas
IFP petition · Court of Appeals of Texas, Second District, No. 02-25-00049-CR · judgment October 30, 2025
Question presented
Can a state court circumvent and avoid the constitutional principles of Alleyne v. United States, 570 U.S. 99 (2013) and Apprendi v. New Jersey, 530 U.S. 466 (2000) - requiring that any fact that increases the minimum punishment must be pled in the indictment and proven to a jury beyond a reasonable doubt - simply by narrowing the definition of “sentence” to exclude probation or community supervision?
Counsel of record
For petitioner
Cody Lee Cofer
Cofer Luster Law Firm, PC
For respondent
Andrea Jacobs
Tarrant County District Attorney's Office
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 5, 2026 · Certiorari denied
Proceedings
- Oct 05 2026Petition DENIED.
- Jul 02 2026DISTRIBUTED for Conference of 9/28/2026.
- Jun 29 2026Waiver of right of respondent State of Texas to respond filed.
- May 13 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 27, 2026)