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James Garfield Broadnax v. Texas

Paid petition · Court of Criminal Appeals of Texas, No. WR-81,573-03 · judgment November 6, 2025


Certiorari denied · April 27, 2026
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the State’s use in a capital sentencing proceeding of rap lyrics composed by a Black defendant to argue to a nearly all-White jury that the Black defendant must be a violent and dangerous person because he wrote the rap lyrics, violates due process, fundamental fairness, and equal protection under the Eighth and Fourteenth Amendments to the U.S. Constitution.

  2. Whether the State’s introduction of a state-employed and out-of-court expert’s serology report and findings at trial, via the testimony of another expert who testified to and relied upon the absent expert’s out-of-court statements as a basis of the second expert’s own findings, violates the Sixth Amendment to the U.S. Constitution under Smith v. Arizona, 602 U.S. 779 (2024). (I)

Counsel of record

For petitioner
Steven Craig Herzog
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Michele O'Brien Yeatts
Dallas County District Attorney

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Linked docket
25A900

Proceedings

  1. Apr 30 2026
    Application (25A900) referred to the Court.
  2. Apr 30 2026
    Application (25A900) for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is denied as moot.
  3. Apr 27 2026
    Petition DENIED.
  4. Apr 20 2026
    Reply of applicant James Garfield Broadnax filed.
  5. Apr 13 2026
    Response to application from respondent Texas filed.
  6. Apr 08 2026
    DISTRIBUTED for Conference of 4/24/2026.
  7. Mar 31 2026
    Rescheduled.
  8. Mar 25 2026
    DISTRIBUTED for Conference of 4/17/2026.
  9. Mar 25 2026
    Reply of petitioner James Garfield Broadnax filed. (Distributed)
  10. Mar 09 2026
    Brief amicus curiae of Jacques Bermon Webster II (“Travis Scott”) filed.
  11. Mar 09 2026
    Brief of respondent Texas in opposition filed.
  12. Mar 09 2026
    Brief amici curiae of Erik Nielson, et al. filed.
  13. Feb 04 2026
    Petition for a writ of certiorari filed. (Response due March 9, 2026)
  14. Feb 04 2026
    Application (25A900) for a stay of execution of sentence of death, submitted to Justice Alito.