No. 18-901

Kaylen DeWayne Simmons v. Texas

Lower Court: Texas
Docketed: 2019-01-11
Status: Denied
Type: Paid
Tags: affirmative-defense affirmative-defenses constitutional-review court-of-appeals due-process due-process,civil-procedure,affirmative-defenses,i factual-sufficiency factual-sufficiency-review impossibility indigency precedent-conflict
Latest Conference: 2019-03-15
Question Presented (from Petition)

1) Whether the Court of Appeals erred in affirming in
part the judgments of the trial court by not
performing the constitutionally mandated factualsufficiency review of the Petitioner's affirmativedefenses of indigency and impossibility.

2) Concerning the Petitioner's affirmative defense of
indigency, whether the Court of Appeals' opinionconflicts with the Court's binding precedent, theCourt of Criminal Appeals of Texas' bindingprecedent as well as the precedent of the courts oflast resort in several states.

Question Presented (AI Summary)

Whether the Court of Appeals erred in affirming in part the judgments of the trial court by not performing the constitutionally mandated factual sufficiency review of the Petitioner's affirmative defenses of indigency and impossibility

Docket Entries

2019-03-18
Petition DENIED.
2019-02-27
DISTRIBUTED for Conference of 3/15/2019.
2019-01-08
Petition for a writ of certiorari filed. (Response due February 11, 2019)

Attorneys

Kaylen DeWayne Simmons
Joseph Rutherford Willie IIWILLIE & ASSOCIATES, P.C., Petitioner