No. 20-973
Tags: apprendi-v-new-jersey constitutional-guarantee continuous-sexual-abuse criminal-procedure jury-unanimity ramos-v-louisiana richardson-v-united-states schad-v-arizona sexual-abuse texas-penal-code
Key Terms:
JusticiabilityDoctri
JusticiabilityDoctri
Latest Conference:
2021-03-19
Question Presented (AI Summary)
Does Section 21.02(d) of the Texas Penal Code violate the constitutional guarantee of jury unanimity?
Question Presented (OCR Extract)
QUESTION PRESENTED In Section 21.02(d) of the Texas Penal Code, it states that a jury does not need to unanimously agree on which two or more acts of sexual abuse were committed in the continuous series. The two or more acts used to form the basis of the series are free-standing criminal violations, under Texas law, that independently require jury unanimity. This case presents the following question: In light of Ramos v. Louisiana, does Section 21.02(d) of the Texas Penal Code violate the constitutional guarantee of jury unanimity by not requiring a jury to unanimously agree on the two or more “acts” that constitute the series? i
Docket Entries
2021-03-22
Petition DENIED.
2021-03-03
DISTRIBUTED for Conference of 3/19/2021.
2021-01-11
Petition for a writ of certiorari filed. (Response due February 16, 2021)