No. 20-5388

Michael J. Buck v. Texas

Lower Court: Texas
Docketed: 2020-08-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: adversarial-process appeal appeal-waiver appellate-procedure constitutional-rights due-process inherent-powers sua-sponte sua-sponte-dismissal waiver
Key Terms:
DueProcess
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether due process requires courts to treat certain claims as unwaivable on appeal, whether due process guarantees a limited right to appeal, and whether an appellate court denies due process, corrupts the adversarial process, and exceeds its inherent powers by dismissing an appeal sua sponte and prematurely due to evidence of a waiver

Question Presented (OCR Extract)

QUESTIONS PRESENTED Garza v. Idaho, 139 S. Ct. 738, 749-50 (2019), holds that a defense attorney offends the Constitution by failing to file a notice of appeal upon the client’s request “regardless of whether the defendant has signed an appeal waiver.” But what if a court swa sponte dismisses an appeal because it finds evidence of a waiver? Both yield the same result: the complete deprivation of the appeal. The questions presented are: 1. Does due process require courts to “treat at least some claims as unwaiveable” on appeal? See Garza, 139 S. Ct. at 145. 2. Does due process guarantee a limited right to appeal? 3. Does an appellate court deny due process, corrupt adversarial process, and exceed its inherent powers by dismissing—sua sponte and prematurely— an appeal because the record shows a waiver? ii

Docket Entries

2020-10-05
Petition DENIED.
2020-09-03
DISTRIBUTED for Conference of 9/29/2020.
2020-08-27
Waiver of right of respondent The State of Texas to respond filed.
2020-08-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2020)

Attorneys

Michael Buck
Nicholas Chris VitoloHarris County Public Defender, Petitioner
Nicholas Chris VitoloHarris County Public Defender, Petitioner
The State of Texas
John L Davis34th Judicial District Attorney's Office, Respondent
John L Davis34th Judicial District Attorney's Office, Respondent