No. 25-7107

Katy Elizabeth Kabha v. Texas

Lower Court: Texas
Docketed: 2026-03-25
Status: Pending
Type: IFP
IFP
Tags: brady-material due-process-clause ineffective-assistance-of-counsel nunc-pro-tunc sixth-amendment void-judgment
Latest Conference: N/A
Question Presented (from Petition)

1. Void Judgment I Due Process
Whether the Due Process Clause of the Fourteenth
Amendment permits a State to impose and enforce
criminal punishment where guilt was never lawfully
adjudicated, no guilty or nolo contendere plea was
entered, and the disposition imposed was unauthorized by
statute.

2. Improper Use of Nunc Pro Tunc
Whether the Due Process Clause permits a state
court to use nunc pro tunc procedure to fabricate
plea-based findings that never occurred, contradict
the reporter 's record, and retroactively legitimize a
criminal judgment that was void when imposed.

3. Denial of Meaningful Review / Due Process
Whether a State may continue enforcing criminal
punishment consistent with the Due Process Clause and
the Sixth Amendment after its courts refuse to adjudicate
federal claims of suppressed Brady material, ineffective
assistance of counsel, an unlawful adjudicative process,
and a judgment later altered to fabricate plea findings.

Question Presented (AI Summary)

Whether the Due Process Clause of the Fourteenth Amendment permits a State to impose and enforce criminal punishment where guilt was never lawfully adjudicated and a void judgment was retroactively legitimized through nunc pro tunc procedure

Docket Entries

2026-01-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2026)
2025-11-21
Application (25A595) granted by Justice Alito extending the time to file until January 31, 2026.
2025-11-12
Application (25A595) to extend the time to file a petition for a writ of certiorari from December 2, 2025 to January 31, 2026, submitted to Justice Alito.

Attorneys

Katy Kabha
Katy Elizabeth Kabha — Petitioner