No. 22-6164

Calvin Gary Walker v. Texas

Lower Court: Texas
Docketed: 2022-11-29
Status: Denied
Type: IFP
IFP
Tags: constitutional-law double-jeopardy due-process fifth-amendment judgment restitution sentencing
Latest Conference: 2023-02-17
Question Presented (from Petition)

1. Does the Fifth Amendment's double jeopardy clause bar a restitution order entered ninety-nine days after Petitioner's sentence began and after entry of the original oral and written judgment which contained no restitution?

2. Is Texas Penal Code § 32.46 unconstitutionally vague under the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution?

Question Presented (AI Summary)

Does the Fifth Amendment's double jeopardy clause bar a restitution order entered ninety-nine days after Petitioner's sentence began and after entry of the original oral and written judgment which contained no restitution?

Docket Entries

2023-02-21
Petition DENIED.
2023-01-12
DISTRIBUTED for Conference of 2/17/2023.
2022-11-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 29, 2022)

Attorneys

Calvin Gary Walker
Bryan William Lee GarrisLaw Offices of Bryan Garris, Petitioner