No. 20-5388
Response WaivedIFP
Tags: adversarial-process appeal appeal-waiver appellate-procedure constitutional-rights due-process inherent-powers sua-sponte sua-sponte-dismissal waiver
Key Terms:
DueProcess
DueProcess
Latest Conference:
2020-09-29
Question Presented (from Petition)
1. Does due process require courts to "treat at least some claims as
unwaiveable" on appeal? See Garza, 139 S. Ct. at 145.
2. Does due process guarantee a limited right to appeal?
3. Does an appellate court deny due process, corrupt adversarial process, and
exceed its inherent powers by dismissing—sua sponte and prematurely—
an appeal because the record shows a waiver?
Question Presented (AI Summary)
Whether due process requires courts to treat certain claims as unwaivable on appeal, whether due process guarantees a limited right to appeal, and whether an appellate court denies due process, corrupts the adversarial process, and exceeds its inherent powers by dismissing an appeal sua sponte and prematurely due to evidence of a waiver
Docket Entries
2020-10-05
Petition DENIED.
2020-09-03
DISTRIBUTED for Conference of 9/29/2020.
2020-08-27
Waiver of right of respondent The State of Texas to respond filed.
2020-08-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2020)
Attorneys
Michael Buck
Nicholas Chris Vitolo — Harris County Public Defender, Petitioner
The State of Texas
John L Davis — 34th Judicial District Attorney's Office, Respondent