No. 20-6981

Phillip Jay Walter, Jr. v. Texas

Lower Court: Texas
Docketed: 2021-01-28
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 6th-amendment appellate-procedure due-process fair-trial ineffective-assistance-of-counsel meaningful-appeal pro-se-litigant sixth-amendment venue
Key Terms:
SocialSecurity Immigration
Latest Conference: 2021-06-03 (distributed 2 times)
Question Presented (from Petition)

1) Is an Appellate Court duty bound to ensure that an appellant —Represented or Pro Se—is
afforded a full, fair, & meaningful appeal, to inlcude: Initial briefing, Rehearing &/or
En-Banc Reconsideration,

2) When do the protections guranteed by the 5th Admendment (Due Process), on Direct Appeal,
end: After Initial briefings, or after Rehearing &/or En-Banc Reconsideration.

3) If, on Motion for Rehearing, a, now Pro Se, litigant/appellant raises issues his appellate
Counsel should've raised, should the Appellate Court be mandated to hear & consider the
se issues.

4) With the issue of deficient Appellate procedures known & proven (By this court), if rais
ed on Appeal, should the Appellate Court resolve this issue by reseting applicable time
limits & order a Motion for New Trial be had, or pass on the issue altogether.

5) If on Motion for Rehearing of a direct Appeal, a now Pro Se appellant raises the issue
of his Appellate Counsel's deficient proformance denying him a meaninful Appeal, should
the Appellate Court be mandated to hear this issue, to order brefing, & consider: it.

6) If it is clear that a defendant cannot obtain a Fair Trial in the original Venue, has
the Trial Court abused his discretion by not changing the Venue on their own motion.

7) What is the,"or"should the, standard be for a Trial Court to decide that a fair Trial
cannot be had in a given venue.:

8) If, after a panel member —potential juror —is selected, said juror realizes that they
made an error & answered a voir dire question improperly/wrongfully —it would've disqua
lified them for Hdias or impartiality —yet they are forced to serve anyway, has the defe
ndant been denied a fair & impartial trial among his peers.

9) Idas it Ineffective of counsel &/or an abuse of the Trial Court's discretion, to allow
multiple potential panel members, whom self admit bias/prejudices & impartialities, to
serve as jurors in a criminal proceding.

10) Has the 6th Admendment Right to the Effective Assistance of counsel, on Direct Appeal,
been realized/afforded when the procedural scheme prsm/elritb Appellate counsel from being
effective &/or from presenting meritful issues.

Question Presented (AI Summary)

Is an Appellate Court duty bound to ensure that an Appellant - whether Represented or Pro Se - is afforded a full, fair, and meaningful appeal

Docket Entries

2021-06-07
Rehearing DENIED.
2021-05-18
DISTRIBUTED for Conference of 6/3/2021.
2021-04-20
Petition for Rehearing filed.
2021-03-29
Petition DENIED.
2021-03-11
DISTRIBUTED for Conference of 3/26/2021.
2021-01-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 1, 2021)

Attorneys

Phillip Jay Walter, Jr.
Phillip Jay Walter Jr. — Petitioner