No. 22-6833

James Floyd v. Texas

Lower Court: Texas
Docketed: 2023-02-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-law criminal-procedure double-jeopardy due-process evidentiary-hearing goading mistrial trial-rights
Latest Conference: 2023-03-17
Question Presented (from Petition)

1) Does a goading-style Double Jeopardy violation bar further retrial
even where the trial court had granted a mistrial on anindependent ground?

2) Is Petitioner entitled to an evidentiary hearing when he presents
a colorable goading-style Double Jeopardy claim?

Question Presented (AI Summary)

Does a goading-style Double Jeopardy violation bar further retrial even where the trial court had granted a mistrial on an independent ground?

Docket Entries

2023-03-20
Petition DENIED.
2023-03-02
DISTRIBUTED for Conference of 3/17/2023.
2023-02-27
Waiver of right of respondent State of Texas to respond filed.
2023-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 24, 2023)

Attorneys

James Floyd
William Reynolds BiggsWILLIAM R. BIGGS, PLLC, Petitioner
State of Texas
Andrea JacobsTarrant County District Attorney's Office, Respondent