No. 18-5029

Stephen Patrick Black v. Texas

Lower Court: Texas
Docketed: 2018-06-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-commitment civil-rights constitutional-rights directed-verdict directed-verdicts due-process fundamental-error jury-trial liberty reasonable-doubt
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Are directed verdicts constitutional in civil trials relating to indefinite civil commitment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Are Directed Verdicts constitutional in civil trials relating to indefinite civil commitment? Directed verdicts are disallowed in criminal trials and all essential elements must be proven beyond a reasonable doubt even when the evidence is overwhelming as to the guilt of the defendant. Civil commitment trials involve the liberty of the individual not for a determinate period, but for an indeterminate period, therefore directed verdicts involving a person’s liberty should not be allowed in any trial: criminal or civil. Moreover, all essential elements determining a person’s guilt, or innocence should be left to a unanimous jury decision beyond a reasonable doubt. Does the use of directed verdicts in civil trials involving a person’s liberty violate the Constitutional Amendments Five, Six, Seven, Nine, Sections 1-2, and Fourteen, Sections 1? 2. Egregious fundamental error contained in the jury charge can be raised for the first time on appeal. The Special Prosecution Unit in the State of Texas prepares jury charges for sexually violent predator civil commitment trials and they contain a fundamental error that cannot be overcome by the trial records and the charge itself. Is egregious fundamental error contained in a jury charge a violation of the Constitutional Amendments Five, Six, Seven, Nine, Sections 1-2, _ and Fourteen, Sections 1? 2 : N .

Docket Entries

2018-10-01
Petition DENIED.
2018-07-12
DISTRIBUTED for Conference of 9/24/2018.
2018-07-09
Waiver of right of respondent State of Texas to respond filed.
2018-03-06
Application (17A929) granted by Justice Alito extending the time to file until March 19, 2018.
2018-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 30, 2018)
2018-01-23
Application (17A929) to extend the time to file a petition for a writ of certiorari from February 15, 2018 to March 17, 2018, submitted to Justice Alito.

Attorneys

State of Texas
Melinda FletcherSpecial Prosecution Unit, Respondent
Melinda FletcherSpecial Prosecution Unit, Respondent
Stephen Patrick Black
Stephen Black — Petitioner
Stephen Black — Petitioner