No. 19-6743

Kenneth Dewayne Nelson v. Texas

Lower Court: Texas
Docketed: 2019-11-25
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-procedure due-process jury-selection plea-change right-to-jury right-to-trial sixth-amendment texas-code-of-criminal-procedure texas-constitution trial-by-jury venire-panel
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-01-24
Question Presented (from Petition)

ISSUE 1: THE VENIRE PANEL WAS INFORMED THAT MELLON HAD PLEAD GUILTY TO ALL FIVE CHARGES. WHEN NELSON CHANGED THOSE PLEAS BEFORE THE TRIAL ON THE MERITS BEGAN TO NOT GUILTY, WAS HE ENTITLED TO A NEW VENIRE PANEL PURSUANT TO THE RIGHT TO TRIAL BY JURY FOUND IN ARTICLE 1, SECTION 15 OF THE TEXAS CONSTITUTION AND TEXAS CODE OF CRIMINAL PROCEDURE ARTICLE 1.11?

ISSUE 2: THE VENIRE PANEL WAS INFORMED THAT NELSON HAD PLEAD GUILTY TO ALL FIVE CHARGES. WHEN NELSON CHANGED THOSE PLEAS BEFORE THE TRIAL ON THE MERITS BEGAN TO NOT GUILTY, WAS HE ENTITLED TO A NEW VENIRE PANEL PURSUANT TO THE RIGHT TO TRIAL BY JURY FOUND IN THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION?

Question Presented (AI Summary)

Was Nelson entitled to a new venire panel after changing his pleas from guilty to not guilty?

Docket Entries

2020-01-27
Petition DENIED.
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2019-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2019)

Attorneys

Kenneth D. Nelson
Kenneth D. Nelson — Petitioner