No. 24-7186

Albertico C. Cruz v. Texas

Lower Court: Texas
Docketed: 2025-05-13
Status: Denied
Type: IFP
IFP
Tags: anders-brief appellate-procedure constitutional-rights due-process ineffective-assistance pro-se-response
Latest Conference: 2025-09-29
Question Presented (from Petition)

QUESTION ONE:
Did the Eleventh Court of Appeals, at Eastland, Texas, deny Petitioner's Due Process to an appeal in the normal course by ordering Petitioner to file a pro se response pursuant to Ander's, when his appeal was not an Ander's proceeding?

QUESTION TWO:
Did retained Appellate Counsel render ineffective assistance by filing an Ander's Brief misguiding Petitioner to file a pro se response pursuant to Ander's and not a brief in the normal course of an appeal, or hire new counsel. Denying effective assistance, due process, and forfeiture of an entitled proceeding?

QUESTION THREE:
Did trial Counsel render ineffective assistance for failing to investigate, interview, depose, and prepare defense first witness, Ariana Hernandez, which elicited extraneous offense testimony, denying a fundamentally fair trial and punishment?

QUESTION FOUR:
Did trial Counsel render ineffective assistance by failing to object that the admission of the audio recording was forcing Petitioner to choose one constitutional right over another, violating his constitutional rights to a fundamentally fair trial and punishment?

Question Presented (AI Summary)

Did the Eleventh Court of Appeals deny Petitioner's due process by ordering a pro se response under Anders when the appeal was not an Anders proceeding?

Docket Entries

2025-10-06
Petition DENIED.
2025-06-26
DISTRIBUTED for Conference of 9/29/2025.
2025-05-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2025)
2025-02-20
Application (24A809) granted by Justice Alito extending the time to file until May 17, 2025.
2025-01-22
Application (24A809) to extend the time to file a petition for a writ of certiorari from March 18, 2025 to May 17, 2025, submitted to Justice Alito.

Attorneys

Albertico C. Cruz
Albertico Corral Cruz — Petitioner