No. 24-5713

Hector Acosta v. Texas

Lower Court: Texas
Docketed: 2024-10-07
Status: Denied
Type: IFP
IFP
Tags: death-sentence due-process equal-protection fourteenth-amendment national-origin race-discrimination
Key Terms:
DueProcess CriminalProcedure HabeasCorpus Punishment JusticiabilityDoctri Jurisdiction
Latest Conference: 2024-12-06
Question Presented (from Petition)

1. Whether the State violates the Equal Protection and Due Process Clauses of
the Fourteenth Amendment to the United States Constitution when it invokes
a defendant's nationality and ethnicity to obtain a death sentence.

2. Whether Texas's application of the contemporaneous objection rule to deny
review of a federal constitutional claim that a death sentence was obtained on
the basis of a defendant's race, ethnicity, or national origin is an adequate
state ground of disposition that precludes jurisdiction in this Court.

Question Presented (AI Summary)

Whether the State's invocation of a defendant's nationality and ethnicity to obtain a death sentence violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment and whether Texas's contemporaneous objection rule precludes Supreme Court jurisdiction

Docket Entries

2024-12-09
Petition DENIED.
2024-11-20
DISTRIBUTED for Conference of 12/6/2024.
2024-11-18
Reply of petitioner Hector Acosta filed. (Distributed)
2024-11-05
Brief of Texas in opposition submitted.
2024-11-05
2024-10-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2024)
2024-08-23
Application (24A194) granted by Justice Alito extending the time to file until October 3, 2024.
2024-08-20
Application (24A194) to extend the time to file a petition for a writ of certiorari from September 3, 2024 to October 3, 2024, submitted to Justice Alito.

Attorneys

Hector Acosta
Jennae Rose SwiergulaTexas Defender Service, Petitioner
Texas
Victoria Ann Ford OblonTarrant County Criminal District Attorney's Office, Respondent