No. 22-5487

Gabriel Paul Hall v. Texas

Lower Court: Texas
Docketed: 2022-09-01
Status: Denied
Type: IFP
IFP
Tags: capital-murder criminal-procedure evidence-admission massiah-v-united-states penalty-phase right-to-counsel sixth-amendment state-action state-agent
Latest Conference: 2023-01-06
Question Presented (from Petition)

Did the TCCA err in holding that the State upheld its "affirmative obligation to not act in a manner that circumvents the [Sixth Amendment] protections afforded the accused," Maine v. Moulton, 474 U.S. 159, 176 (1985), when, without notice to Petitioner's counsel and despite a "no contact" letter barring uncounseled access to Petitioner, the State gave a third-party civilian otherwise unobtainable physical access to Petitioner and then used the statements that civilian elicited from Petitioner as evidence against Petitioner at the penalty phase of his capital murder trial?

Question Presented (AI Summary)

Did the TCCA err in holding that the State upheld its 'affirmative obligation to not act in a manner that circumvents the [Sixth Amendment] protections afforded the accused,' Maine v. Moulton, 474 U.S. 159, 176 (1985), when, without notice to Petitioner's counsel and despite a 'no contact' letter barring uncounseled access to Petitioner, the State gave a third-party civilian otherwise unobtainable physical access to Petitioner and then used the statements that civilian elicited from Petitioner as evidence against Petitioner at the penalty phase of his capital murder trial?

Docket Entries

2023-01-09
Petition DENIED.
2022-12-22
DISTRIBUTED for Conference of 1/6/2023.
2022-12-19
Reply of petitioner Gabriel Hall filed.
2022-12-02
Brief of respondent Texas in opposition filed.
2022-09-13
Motion to extend the time to file a response is granted and the time is extended to and including December 2, 2022.
2022-09-12
Motion to extend the time to file a response from October 3, 2022 to December 2, 2022, submitted to The Clerk.
2022-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2022)
2022-07-20
Application (21A822) granted by Justice Alito extending the time to file until August 27, 2022.
2022-07-15
Application (21A822) to extend further the time from July 28, 2022 to August 27, 2022, submitted to Justice Alito.
2022-06-16
Application (21A822) granted by Justice Alito extending the time to file until July 28, 2022.
2022-06-10
Application (21A822) to extend the time to file a petition for a writ of certiorari from June 28, 2022 to August 27, 2022, submitted to Justice Alito.

Attorneys

Gabriel Hall
Robert Charles OwenLaw Office of Robert C. Owen, LLC, Petitioner
Texas
Judd Edward Stone IITexas Attorney General's Office, Respondent