No. 20-491

Sandy Perez Hernandez v. Texas

Lower Court: Texas
Docketed: 2020-10-15
Status: Denied
Type: Paid
Tags: capital-murder criminal-procedure double-jeopardy fifth-amendment ineffective-assistance-of-counsel manslaughter texas-law
Key Terms:
FifthAmendment DueProcess
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Does the Fifth Amendment's double jeopardy clause bar conviction for intentional injury to a child following acquittal for capital murder, but conviction for manslaughter under Texas law?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Does the Fifth Amendment’s double jeopardy clause bar conviction for intentional injury to a child following acquittal for capital murder, but conviction for manslaughter under Texas law? 2. Is trial counsel ineffective for failing to request jury instructions furthering the defensive theory of the case, when counsel didn’t realize such instructions were even available, and did the Texas Courts err in analyzing Petitioner’s claim? | | '

Docket Entries

2021-01-11
Petition DENIED.
2020-12-02
DISTRIBUTED for Conference of 1/8/2021.
2020-09-28
Petition for a writ of certiorari filed. (Response due November 16, 2020)

Attorneys

Sandy Hernandez
George Michael DeGeurinForeman, DeGeurin & DeGeurin, Petitioner