No. 20-701

James Calvert v. Texas

Lower Court: Texas
Docketed: 2020-11-20
Status: Denied
Type: Paid
Relisted (6) Experienced Counsel
Tags: capital-punishment capital-sentencing due-process eighth-amendment mental-competency right-to-counsel structural-error
Key Terms:
DueProcess Punishment Privacy JusticiabilityDoctri
Latest Conference: 2021-05-13 (distributed 6 times)
Question Presented (AI Summary)

Whether the Constitution prevents a State from allowing a defendant to represent himself in a capital case when the defendant is mentally competent to waive counsel but is not mentally competent to conduct trial proceedings in his capital trial

Question Presented (OCR Extract)

QUESTIONS PRESENTED This case presents important issues concerning the right to counsel, the Eighth Amendment right to individualized sentencing in a capital case, and the fair administration of justice in Texas. Petitioner respectfully presents three issues for review, each of which warrants the involvement of this Court: 1. Whether the Constitution prevents a State from allowing a defendant to represent himself in a capital case when the defendant is mentally competent to waive counsel but is not mentally competent to conduct trial proceedings in his capital trial. 2. Whether the Eighth Amendment prohibits the State of Texas from sentencing Petitioner to death on a finding of future dangerousness based in substantial part on graphic testimony and evidence about an attack on a prison official committed by another inmate in another prison at another time, having no connection to Petitioner. 3. Whether the constitutional violation resulting from the trial court’s direction to administer a 50,000volt electric shock to Petitioner during his trial to “enforce decorum” because Petitioner failed to stand when responding to a question from the court constitutes structural error. ii STATEMENT OF RELATED CASES Texas Criminal Proceedings State v. Calvert, Cause No. 241-1467-12 (241st Jud. Dist., Smith Cnty., Tex. Oct. 14, 2015) (state trial court proceeding) Calvert v. State, AP-77,063 (Tex. Crim. App. Oct. 9, 2019) (Texas Court of Criminal Appeals decision on direct appeal) Calvert v. State, AP-77,063 (Tex. Crim. App. June 17, 2020) (order denying motion for rehearing)

Docket Entries

2021-05-17
Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/20pdf/20-701_6j37.pdf'>opinion</a>)
2021-05-10
DISTRIBUTED for Conference of 5/13/2021.
2021-04-27
Rescheduled.
2021-04-26
DISTRIBUTED for Conference of 4/30/2021.
2021-04-21
Rescheduled.
2021-04-19
DISTRIBUTED for Conference of 4/23/2021.
2021-04-12
Rescheduled.
2021-04-12
DISTRIBUTED for Conference of 4/16/2021.
2021-03-29
DISTRIBUTED for Conference of 4/1/2021.
2021-03-29
Rescheduled.
2021-03-19
Rescheduled.
2021-03-10
DISTRIBUTED for Conference of 3/26/2021.
2021-03-09
Reply of petitioner James Calvert filed. (Distributed)
2021-02-19
Brief of respondent Texas in opposition filed.
2021-01-13
Motion to extend the time to file a response is granted and the time is further extended to and including February 19, 2021.
2021-01-12
Motion to extend the time to file a response from January 20, 2021 to February 19, 2021, submitted to The Clerk.
2020-12-11
Motion to extend the time to file a response is granted and the time is extended to and including January 20, 2021.
2020-12-10
Motion to extend the time to file a response from December 21, 2020 to January 20, 2021, submitted to The Clerk.
2020-11-16
Petition for a writ of certiorari filed. (Response due December 21, 2020)

Attorneys

James Calvert
David W. DeBruinJenner & Block LLP, Petitioner
David W. DeBruinJenner & Block LLP, Petitioner
Texas
Jennifer Wren MorrisTexas Attorney General's Office, Respondent
Jennifer Wren MorrisTexas Attorney General's Office, Respondent