No. 18-5355

Del Ray Sanders v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-07-26
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: accidental-death criminal-procedure criminally-negligent-homicide due-process homicide-charges jury-instructions lesser-included-offense lesser-included-offenses manslaughter standard-of-review texas-penal-code trial-court-discretion unreasonable-application-of-federal-law
Key Terms:
DueProcess FourthAmendment HabeasCorpus Jurisdiction
Latest Conference: 2019-03-01 (distributed 2 times)
Question Presented (AI Summary)

Whether the trial court erred in denying the defendant's request for jury instructions on the lesser-included offenses of manslaughter and criminally negligent homicide

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) Petitioner Sanders, contends the Ninth Appellate District Court, Cause : # 09-10-00047~CR, Beaumont, Texas, Erred by ruling the Trial Court of Polk County, Texas, for the 411th Judicial District, Livingston, Texas, 77351 did not err by denying his request to instruct the jury on Manslaughter (Texas . Penal Code §19.04(a)(b)); and Criminally Negligent Homicide (Texas Penal Code §19.05(a)(b)). Did the omitted instructions prevent (disallow) the juror's to convict on the lesser-included charge, or even acquit on the finding of accidental? See;

Docket Entries

2019-03-04
Rehearing DENIED.
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2018-10-24
Petition for Rehearing filed.
2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-07-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2018)

Attorneys

Del Ray Sanders
Del Ray Sanders — Petitioner
Del Ray Sanders — Petitioner