No. 25-6959

Franklin Danuari Calix-Reyes v. Texas

Lower Court: Texas
Docketed: 2026-03-04
Status: Pending
Type: IFP
IFP
Tags: custodial-interrogation due-process Fifth-Amendment Fourteenth-Amendment Miranda-rights waiver-validity
Latest Conference: N/A
Question Presented (from Petition)

Did the 8th Court of Appeals of Texas err by ruling that the Petitioner voluntarily, knowingly and intelligently waived his Miranda rights when the recorded custodial interrogation interview reveals that the interrogating officer first obtained the signature of Petitioner to the waiver of Petitioner's Miranda rights, then the interrogating officer rapidly mumbled and read the Petitioner's Miranda rights to himself in a faintly audible voice, followed by the interrogating law enforcement officer failing to read or explain the waiver of Miranda rights to Petitioner, and a subsequent admission by the interrogating officer to the trial court that he was reading the waiver of the Miranda rights to himself?

Did the 8th Court of Appeals of Texas err by ruling that the interrogating law enforcement officer's rapid mumbling faintly audible and admittedly self-reading of the waiver of Petitioner's Miranda rights, substantially complied with the Fifth and Fourteenth Amendments to the United States Constitution?

Question Presented (AI Summary)

Whether the Eighth Court of Appeals of Texas erred in finding a valid waiver of Miranda rights when the interrogating officer obtained the petitioner's signature on a waiver form, then rapidly mumbled and read the Miranda rights to himself in a faintly audible voice without reading or explaining the waiver to the petitioner, and subsequently admitted to reading the waiver to himself rather than to the petitioner

Docket Entries

2026-03-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2026)

Attorneys

Albert Valadez
Albert Garza ValadezValadez Law Office, PLLC, Petitioner