No. 18-9310

Roberto Nieto Cruz v. Texas

Lower Court: Texas
Docketed: 2019-05-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation-clause criminal-procedure due-process extraneous-evidence extraneous-offense-testimony fair-trial ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Court of Appeals erred in misapplying the Strickland standard and depriving the Appellant of his constitutional rights to due process and effective assistance of counsel

Question Presented (OCR Extract)

QUESTION(S) PRESENTED L The Court of Appeals erred by misapplying the first prong, and failing to consider the second prong, of the Strickland standard, with respect to the Appellant’s trial counsel’s failure to properly object to extraneous offense testimony. The Court of Appeals has decided an important question of Federal law in a way that conflicts with applicable decisions of other Courts of Appeals, or the Supreme Court of the United States. i. The Texas Court of Appeals has misconstrued a rule or statute in such a way as to deprive Petitioner of his 14" Amendment due process right to confront and cross-examine witnesses in the Crawford case. III. The Texas court of Appeals has misconstrued a rule or statute, and unfairly decided a question of law, in such a way as to deprive Petitioner of the right to effective assistance of counsel under the 6 Amendment, and to deprive Petitioner of his due process right to a fair trial under the 14" Amendment. vi

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-14
Waiver of right of respondent Texas to respond filed.
2019-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

Roberto Nieto Cruz
Roberto Nieto Cruz — Petitioner
Texas
Michael Scott TaliaferroTravis County District Attorney's Office, Respondent