future-dangerousness

19 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-732 Amos Wells v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-12-19 Pending Amici (4) capital-sentencing constitutional-rights expert-testimony future-dangerousness habeas-corpus ineffective-assistance Whether trial counsel provides constitutionally ineffective assistance of counsel at the sentencing phase of a capital trial by presenting evidence th…
25A477 Amos Wells v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-10-27 Application death-penalty future-dangerousness genetic-evidence ineffective-assistance sixth-amendment strickland-standard Question not identified.
23-7792 In Re Ramiro Felix Gonzales 2024-06-24 Denied IFP capital-punishment constitutional-review death-penalty eighth-amendment fourteenth-amendment future-dangerousness post-conviction-review state-law (1) Does it violate the Eighth and Fourteenth Amendments to the United States Constitution to execute an individual who does not meet the eligibility …
23-7791 Ramiro F. Gonzales v. Texas Texas 2024-06-24 Denied IFP capital-punishment capital-punishment-eligibility death-penalty due-process eighth-amendment fourteenth-amendment future-dangerousness jury-determination post-conviction-review When a state conditions a capital defendant's eligibility to be sentenced to death on a jury's determination of "future dangerousness," can the state …
23A1147 In Re Ramiro Felix Gonzales 2024-06-24 Denied death-penalty eighth-amendment fourteenth-amendment future-dangerousness habeas-corpus jury-prediction Question not identified.
23A1146 Ramiro F. Gonzales v. Texas Texas 2024-06-24 Denied capital-murder death-penalty eighth-amendment fourteenth-amendment future-dangerousness jury-determination When a state conditions a capital defendant's eligibility to be sentenced to death on a jury's determination of "future dangerousness," can the state …
23A410 Brent Ray Brewer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-11-07 Denied certificate-of-appealability constitutional-claim death-penalty expert-testimony future-dangerousness habeas-corpus Question not identified.
23-5823 Ramiro Felix Gonzales v. Texas Texas 2023-10-17 Denied IFP constitutional-claim death-penalty eighth-amendment expert-testimony fourteenth-amendment future-dangerousness recantation texas-code-criminal-procedure Where a State conditions a death sentence on a jury's unanimous finding beyond a reasonable doubt that "there is a probability that the defendant woul…
23-5421 Brent Ray Brewer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-08-23 Denied IFP capital-punishment certificate-of-appealability constitutional-claim future-dangerousness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel state-court-review strickland-v-washington I. Where a state court and federal court deny a habeas claim on contradictory grounds, do their conflicting rulings suggest that "reasonable jurists w…
21-7646 Jason Delacerda v. Texas Texas 2022-04-19 Denied IFP appellate-review criminal-conviction criminal-procedure death-penalty due-process future-dangerousness ineffective-assistance ineffective-assistance-of-counsel psychiatric-evidence psychiatric-testimony sufficiency-of-evidence I. QUESTION PRESENTED NO. ONE - Did the appellate court err in failing to find that the evidence was insufficient to support the conviction and death …
20-7071 Pete Russell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-02-08 Denied IFP certificate-of-appealability future-dangerousness habeas ineffective-assistance-of-counsel merits-review strickland Did the Court of Appeals err in denying a certificate of appealabilty, through a merits review, of Russell's claim that he recei ved ineffect ive assi…
19-8712 Billy Joe Wardlow v. Texas Texas 2020-06-15 Denied Amici (1)IFP age-of-offender brain-development death-penalty eighth-amendment fourteenth-amendment future-dangerousness neuroscience roper-v-simmons Whether, under the Eighth and Fourteenth Amendments, Texas may continue to impose, and carry out previously imposed, death sentences for which future …
19-5171 Victor Hugo Saldano v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-16 Denied Amici (3)IFP biased-jury buck-v-davis certificate-of-appealability constitutional-claim death-penalty due-process future-dangerousness mental-competency racial-bias vagueness vagueness-doctrine At M r. Sal daño's first death penalty trial, in 1996, a n expert for th e State of Texas testified that Mr. Sa ldaño wa s more likely to present a fu…
18-1495 Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. v. Charles Christopher Williams Fourth Circuit 2019-05-31 Denied aedpa aedpa-review aedpa-standard capital-case capital-punishment capital-sentencing double-edged-evidence double-edged-sword fetal-alcohol-syndrome future-dangerousness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel strickland-standard strickland-v-washington Is a state court objectively unreasonable, for purposes of 28 U.S.C. § 2254(d)(1), when it concludes that a capital defendant was not prejudiced by hi…
18-8712 John Hummel v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-05 Denied IFP character-and-record death-penalty future-dangerousness ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence pretrial-incarceration sixth-amendment sixth-amendment-right-to-counsel strickland-standard strickland-v-washington trial-counsel 1. In Skipper v. South Carolina, 476 U.S. 1 (1986), the trial court ruled as irrelevant the testimony of two jailers and a "regular visitor" that Skip…
18-8561 Jeffery Lee Wood v. Texas Texas 2019-03-26 Denied IFP culpability death-penalty death-penalty-eligibility due-process eighth-amendment enmund-v-florida fourteenth-amendment future-dangerousness law-of-parties tison-v-arizona Jeffery Wood is on death row in Texas despite the fact that he did not kill anyone. Mr. Wood was convicted of capital murder and sentenced to death un…
18-7670 Thomas Alexander Porter v. David Zook, Warden Fourth Circuit 2019-01-30 Denied IFP capital-punishment constitutional-claims death-penalty-sentencing due-process eighth-amendment fourteenth-amendment future-dangerousness habeas-corpus mitigating-evidence procedural-due-process 1. Whether a state rule that excludes as irrelevant evidence that a capital defendant is unlikely to pose a risk of future violence in prison is contr…
18-6588 Lesley Eugene Warren v. Edward Thomas, Warden Fourth Circuit 2018-11-06 Denied IFP capital-punishment character-evidence circuit-split civil-rights death-penalty due-process future-dangerousness parole parole-ineligibility prosecutorial-misconduct sentencing sentencing-procedure simmons-v-south-carolina Is it an unreasonable application of Simmons v. South Carolina for a State court to deny a parole ineligibility instruction where the prosecution repe…
18-5546 Billie Wayne Coble v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-08-10 Denied IFP capital-case capital-sentencing constitutional-rights daubert daubert-standard due-process eighth-amendment expert-testimony future-dangerousness reliability 1. Have the United States Court of Appeals for the Fifth Circuit and the Texas Court of Criminal Appeals improperly applied Barefoot v. Estelle to cat…