No. 24-5287

John Phillip Bender v. Texas

Lower Court: Texas
Docketed: 2024-08-09
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: acquittal double-jeopardy federal-law jury-determination legal-proceedings record-review
Key Terms:
FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-02-21 (distributed 2 times)
Question Presented (from Petition)

1. Whether this Court must immediately confront record truth of the federal double jeopardy law acquittal event: jury's actual historic 2009 nonculpability factual determinations/ now acknowledged in context of "now for then" proceedings? 2023 OPINION BELOW/ Appendix Af at A-3/ Texas Court of Appeals Third District (implicit "NOT GUILTY" ultimate factual determination by jury: evidence is insufficient to find guilt beyond a reasonable doubt/ continuing nature Offense Charged/ Tex.Pen.C. §§31.09/ 32.03, verdicts rejected).

2. Whether this Court must immediately confront record truth of the federal double jeopardy law acquittal event: Texas Court of Appeals Third District 2011/ 2023 nonculpability legal determinations, now acknowledged in context of "now for then" proceeding®? '2023 OPINION BELOW, Appendix A, at A-3, Texas Court of Appeals Third District (implicit ultimate legal determination that evidence is insufficient to find guilt beyond a reasonable doubt, cbntinuing nature Offense Charged, Tex.Pen.C. §§31.09, 32.03 verdicts rejected; and, appeals court rejected legal sufficiency thereof , implicitly ).

3. Whether, given that Tex.Pen.C. §§31.09, 32.03 was invoked to the exclusion of §§31.03, 32.45, the now acknowledged actual historic 2009 jury findings can sustain conviction under federal double jeopardy law? 2023 OPINION BELOW, Appendix A, at A-3 £§§31.03, Offense Convicted is repugnant to (rejects), different in kifid, _frbm indivisible §§31.09, 32.03 irrevocably elected; unindicted §§31.03, 32.45 findings judicially noticedri-n context of "now for then"/; state proceedings, are not discretely actionable units of prosecution of §§31.09, 32.03 Offense Charged).

4. Whether state law jurisdicitonal dismissal classification# after acknowledging record truth of the federal double jeopardyi law acquittal event in "now for then" context to correct state lables# is preempted by federal law? 2023 OPINION BELOW# Appendix A# at A—3# Texas Court of Appeals Third District (truth of fairly ascertainable actual historic adjudicative judicial record of factual and legal nonculpability determinations# federal double jeopardy law acquittal events).

Question Presented (AI Summary)

Whether the Supreme Court must review the record truth of a federal double jeopardy acquittal from 2009 in light of subsequent proceedings

Docket Entries

2025-02-24
Rehearing DENIED.
2025-01-15
DISTRIBUTED for Conference of 2/21/2025.
2024-11-12
Petition for Rehearing filed.
2024-10-15
Petition DENIED.
2024-09-19
DISTRIBUTED for Conference of 10/11/2024.
2024-07-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2024)
2024-06-18
Application (23A1116) granted by Justice Alito extending the time to file until July 29, 2024.
2024-05-17
Application (23A1116) to extend the time to file a petition for a writ of certiorari from May 30, 2024 to July 29, 2024, submitted to Justice Alito.

Attorneys

John P. Bender
John Phillip Bender — Petitioner