No. 21-6073

John Ray Falk, Jr. v. Texas

Lower Court: Texas
Docketed: 2021-10-27
Status: Denied
Type: IFP
IFP
Tags: accomplice-liability capital-murder capital-punishment criminal-liability due-process guilty-plea law-of-parties notice plea-bargaining pro-se pro-se-defendant
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2022-02-25
Question Presented (from Petition)

(1) Given that Due Process requires that a guilty plea be "knowing and intelligent," when a pro se defendant seeks to plead guilty to a death-eligible homicide charge arising from a killing actually committed by his codefendant, must he be informed of the prosecution's theory of his own criminal liability for the death?

(2) Does the Due Process Clause require special procedural safeguards for a pro se defendant who seeks to plead guilty in a capital case?

Question Presented (AI Summary)

Whether a pro se defendant must be informed of the prosecution's theory of his own criminal liability when pleading guilty to a death-eligible homicide charge arising from a killing actually committed by his codefendant

Docket Entries

2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2022-02-09
Reply of John Ray Falk submitted.
2022-01-26
Brief of respondent Texas in opposition filed.
2021-12-21
Motion to extend the time to file a response is granted and the time is further extended to and including January 26, 2022.
2021-12-20
Motion to extend the time to file a response from December 27, 2021 to January 26, 2022, submitted to The Clerk.
2021-11-22
Motion to extend the time to file a response is granted and the time is extended to and including December 27, 2021. See Rule 30.1.
2021-11-19
Motion to extend the time to file a response from November 26, 2021 to December 26, 2021, submitted to The Clerk.
2021-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2021)

Attorneys

John Ray Falk
Raoul D. Schonemann Jr.University of Texas School of Law, Petitioner
Texas
Gwendolyn Suzanne VindellTexas Attorney General's Office, Respondent