No. 23-7091

Brandon De McCall v. Texas

Lower Court: Texas
Docketed: 2024-03-28
Status: Denied
Type: IFP
IFP
Tags: 8th-amendment capital-punishment culpability due-process eighth-amendment jury-instruction jury-instructions mitigating-evidence moral-blameworthiness
Key Terms:
Punishment JusticiabilityDoctri
Latest Conference: 2024-05-30
Question Presented (from Petition)

Where jurors were instructed that they may only consider mitigating evidence to be evidence that "reduces the defendant's moral blameworthiness," and where the record reflects that jurors understood the term "moral blameworthiness" to be synonymous with "culpability," is there a reasonable likelihood that the jury applied the challenged instruction in a way that prevented consideration of constitutionally relevant mitigating evidence?

Question Presented (AI Summary)

Whether the 'moral blameworthiness' jury instruction prevented the consideration of constitutionally relevant mitigating evidence

Docket Entries

2024-06-03
Petition DENIED.
2024-05-15
DISTRIBUTED for Conference of 5/30/2024.
2024-04-25
2024-03-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 29, 2024)
2024-02-15
Application (23A663) granted by Justice Sotomayor extending the time to file until March 25, 2024.
2024-02-09
Application (23A663) to extend further the time from February 22, 2024 to March 23, 2024, submitted to Justice Sotomayor.
2024-01-19
Application (23A663) granted by Justice Alito extending the time to file until February 22, 2024.
2024-01-10
Application (23A663) to extend the time to file a petition for a writ of certiorari from January 23, 2024 to March 23, 2024, submitted to Justice Alito.

Attorneys

Brandon De McCall
Douglas H. ParksLaw Office of Douglas H. Parks, Petitioner
Texas
Robert Linus KoehlCollin County Criminal District Attorney's Office, Respondent