No. 20-5164

Lonnie Kade Welsh v. Texas

Lower Court: Texas
Docketed: 2020-07-24
Status: Denied
Type: IFP
IFP
Tags: civil-commitment criminal-procedure double-jeopardy due-process fourteenth-amendment insanity-defense mens-rea mental-capacity
Key Terms:
DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. Would the State of Texas cause a fundamental miscarriage of justice violating the United States Fourteenth Amendment by refusing to overturn the criminal sentence due to the evidence produced at a subsequent civil trial of actually innocent of the criminal act because he lacked mental capacity?

2. Does the State of Texas commit fraud by maintaining two definitions of insanity, criminal and civil where both are relevant to the crime but not germane to each other, being inapposite in their respected conclusions, one is forbidden in the criminal proceedings though it later uses the crime to prove a lack of freewill making the natural colloquy suggest that the conviction of the crime could not have been proved beyond a reasonable doubt in contravention to the United States Fourteenth Amendment?

3. To work effectively, it is important that society's criminal process "satisfy the appearance of justice," does the State of Texas violate this principle infringing upon the United States Fourteenth Amendment?

Question Presented (AI Summary)

Would the State of Texas cause a fundamental miscarriage of justice violating the United States Fourteenth Amendment by refusing to overturn the criminal sentence due to the evidence produced at a subsequent civil trial of actually innocent of the criminal act because he lacked mental capacity?

Docket Entries

2020-10-05
Petition DENIED.
2020-09-03
DISTRIBUTED for Conference of 9/29/2020.
2020-06-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2020)

Attorneys

Lonnie Kade Welsh
Lonnie Kade Welsh — Petitioner