No. 19-7547

Phillip Boyd Cashion v. Texas

Lower Court: Texas
Docketed: 2020-02-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof criminal-procedure criminal-trial due-process fair-trial fifth-amendment jury-bias jury-instructions prosecutorial-misconduct self-incrimination trial-procedure
Latest Conference: 2020-03-20
Question Presented (from Petition)

Should the Petitioner's trial structure have been free from the fundamental unfairness of having the prosecutor tell the jury on two occasions that "you have not heard from him" (Petitioner) and "he (Petitioner) did not testify" and as the effect this had on the jury may be hard to measure?

Question Presented (AI Summary)

Should the Petitioner's trial structure have been free from the fundamental unfairness of having the prosecutor tell the jury on two occasions that 'you have not heard from him' (Petitioner) and 'he (Petitioner) did not testify' and as the effect this had on the jury may be hard to measure?

Docket Entries

2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-02-24
Waiver of right of respondent Texas to respond filed.
2019-12-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2020)

Attorneys

Phillip Cashion
Charles England PerryCharles E. Perry, Attorney, Petitioner
Texas
Gary D. YoungLamar County & District Attorney, Respondent