No. 24-6758

Matias P. Briones v. Texas

Lower Court: Texas
Docketed: 2025-03-12
Status: Denied
Type: IFP
IFP
Tags: constitutional-violation criminal-procedure due-process non-unanimous-jury ramos-precedent texas-penal-code
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2025-05-15
Question Presented (from Petition)

Is Texas Penal Code 21.02 repugnant to the 5th, 6th, and 14th amendment of the U.S. Constitution where Texas held error of non-unanimous jury instruction is not unconstitutional (a) as applied to finding of guilt, and; (b) as to non-unanimous finding of two or more predicate acts which compose element of the offense?

Was Briones tried under an Unconstitutional Statute and convicted by a, non-unanimous jury?

Are jurors required, by Ramos v.Louisiana, to be unanimous as to which predicate acts support finding defendant is guilty of continuous sexual assault where: (1) unanimity as to two or more predicate acts was not answered in Ramos ; (2) in Richardson, SCOTUS said multiple violations of penal law unanimously found; (3) analysis of Texas Penal Code 21.02 supports conclusion opposed to SCOTUS precedent?

Question Presented (AI Summary)

Whether Texas Penal Code 21.02 violates the 5th, 6th, and 14th Amendments by allowing non-unanimous jury instructions for finding guilt and predicate acts

Docket Entries

2025-05-19
Petition DENIED.
2025-04-24
DISTRIBUTED for Conference of 5/15/2025.
2025-01-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 11, 2025)

Attorneys

Matias Briones
Matias P. Briones — Petitioner