No. 20-5467

Carlos Michael Lopez v. Texas

Lower Court: Texas
Docketed: 2020-08-24
Status: Denied
Type: IFP
IFP
Tags: adversarial-process appeal appeal-waiver appellate-procedure constitutional-rights due-process garza-v-idaho inherent-powers sua-sponte-dismissal waiver
Key Terms:
DueProcess
Latest Conference: 2020-10-30
Question Presented (AI Summary)

Does due process require courts to treat at least some claims as unwaiveable on appeal?

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

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-08
DISTRIBUTED for Conference of 10/30/2020.
2020-08-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2020)

Attorneys

Carlos Lopez
Nicholas Chris VitoloHarris County Public Defender, Petitioner