No. 21-6262

Guadalupe Padilla v. Texas

Lower Court: Texas
Docketed: 2021-11-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-review dna-mixture-analysis dna-testing due-process governmental-body governmental-immunity judicial-oversight post-conviction post-conviction-dna-testing statutory-requirements
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Is a non-profit corporation, acting as a governmental body to review criminal convictions involving the re-calculation, re-analysis and/or re-testing of DNA test results (DNA mixtures) obtained under post-conviction DNA testing statute, immune from compliance with the statutory requirements for performing such DNA testing and analysis, and immune from judicial oversight, thus violating the due process the statute is assumed to provide under Osborne?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED IS A NON-PROFIT CORPORATION, WHO TS ACTING AS A GOVERNMENTAL BODY TO REVIEW CRIMINAL CONVICTIONS INVOLVING THE RE-CALCULATION, RE-ANALYSIS AND/OR RE-TESTING OF DNA TEST RESULTS (DNA MIXTURES) | OSTAINED UNDER POST-CONVICTION DMNA TESTING STATUTE, IMMUNE FROM: 1). COMPLIANGE WITH THE STATUTORY REQUIREMENTS FOR PERFORMING SUCH DNA TESTING AND ANALYSIS; IMMUNE FROM: 2). JUDICIAL OVERSIGHT, . THUS, VIOLATING THE DUE PROCESS THE STATUTE IS ASSUMED TO PROVIDE UNDER OSSORNE? (FN) Pw Subsidiary Question DID THE STATE COURT ASUSE ITS DISCRETION AND HOLD PETITIONER TO A HIGHER STANDARD OF REVIEW IN VIOLATION OF THE STATUTORY REQUIREMENTS FOR OBTAINING DNA TESTING, THUS VIOLATING DUE | PROCESS THE STATUTE IS ASSUMED TO PROVIDE ? , UNDER OSS80RNE ? (FN) FN District Attorney's Offices, Third District. v. Osborne, 129 S.Ct. 2308 (2009) Me p

Docket Entries

2022-01-10
Petition DENIED.
2021-12-16
DISTRIBUTED for Conference of 1/7/2022.
2021-12-15
Waiver of right of respondent State of Texas to respond filed.
2021-10-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2021)

Attorneys

Guadalupe Padilla
Guadalupe Padilla — Petitioner
Guadalupe Padilla — Petitioner
State of Texas
Rosa TheofanisTravis County District Attorney, Respondent
Rosa TheofanisTravis County District Attorney, Respondent