No. 23-7488

Jose Eliso Zavala v. Texas

Lower Court: Texas
Docketed: 2024-05-15
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 6th-amendment actual-bias constitutional-rights fair-trial fourteenth-amendment impartial-jury juror-bias prejudice sixth-amendment structural-error
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2024-09-30
Question Presented (from Petition)

QUESTION No. 1
WHETHER OR NOT THE PETITIONER WAS DEPRIVED OF HIS CONSTITUTIONAL
RIGHTS TO A FAIR AND IMPARTIAL TRIAL UNDER THE 6TH AND 14TH
AMENDMENTS TO THE UNITED STATES CONSTITUTION BECAUSE TWO (2)
JURORS WERE SEATED OVER THE PETITIONER'S OBJECTIONS AND CHALLENGE
FOR CAUSE WHO EXHIBITED AN ACTUAL AND PREJUDICIAL BIAS ON AN
ISSUE OF LAW THAT WAS RLEATED TO THE PETITIONER AND THE OFFENSE
FOR WHICH THE PETITIONER WAS CHARGED AND ACCUSED OF HAVING
COMMITTED?

QUESTION No. 2
DID THE STATE APPELLATE COURT ERROR AND ABUSE ITS DISCRETION IN
AFFIRMING THE JUDGMENT & SENTENCE OF CONVICTION AGAINST THE
PETITIONER ON THE DETERMINATION THAT THE RECORD DID NOT SHOW
THAT THE PETITIONER WAS NOTETRIED BY A FAIR AND IMPARTIAL JURY
OR THAT ANY SPECIFIC JUROR WAS POISONED BY THE IMPROPER COMMITMENT
QUESTION WHEN THE RECORD CLEARLY ESTABLISHED THAT EVEN IN THE
ABSCENSE OF THE IMPROPER COMMITMENT QUESTION TWO (2) JURORS WHO
EXHIBITED AN ACTUAL BIAS AND PREJUDICE AGAINST THE PETITIONER
AND OFFENSE FOR WHICH THE PETITIONER WAS CHARGED?

QUESTION No. 3
WHETHER AN IMPROPER COMMITMENT QUESTION IS SUBJECT TO THE HARMLESS
ERROR ANALYSIS WHEN THE PRESENCE OF A BIASED JUROR IS A STRUCTURAL
ERROR THAT IS NOT SUBJECT TO THE HARMLESS ERROR ANALYSIS?

Question Presented (AI Summary)

Whether the petitioner was deprived of his constitutional rights to a fair and impartial trial

Docket Entries

2024-10-07
Petition DENIED.
2024-06-27
DISTRIBUTED for Conference of 9/30/2024.
2024-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 14, 2024)

Attorneys

Jose Zavala
Jose Eliso Zavala — Petitioner