No. 21-7929

Johnny Joe Avalos v. Texas

Lower Court: Texas
Docketed: 2022-05-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: capital-murder cruel-and-unusual-punishment eighth-amendment intellectual-disability life-without-parole mitigating-circumstances sentencing texas-penal-code
Key Terms:
Punishment
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether an ALWOP sentence on an intellectually disabled adult convicted of capital murder as provided by Texas Penal Code Section 12.31(a)(2) a statutory scheme that categorically precludes consideration of the offender's intellectual disability or any other mitigating circumstances violates the Eighth Amendments' prohibition against cruel and unusual punishments?

Question Presented (OCR Extract)

question presented by Avalos is: Whether an ALWOP sentence on an intellectually disabled adult convicted of capital murder as provided by Texas Penal Code Section 12.31(a)(2) a statutory scheme that categorically precludes consideration of the offender’s intellectual disability or any other mitigating circumstances violates the Eighth Amendments’ prohibition against cruel and unusual punishments?

Docket Entries

2022-10-03
Petition DENIED.
2022-06-23
DISTRIBUTED for Conference of 9/28/2022.
2022-06-21
Waiver of right of respondent Texas to respond filed.
2022-05-24
Blanket Consent filed by Petitioner, Johnny Joe Avalos
2022-05-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 21, 2022)
2022-03-02
Application (21A456) granted by Justice Alito extending the time to file until May 14, 2022.
2022-02-22
Application (21A456) to extend the time to file a petition for a writ of certiorari from March 15, 2022 to May 14, 2022, submitted to Justice Alito.

Attorneys

Johnny Joe Avalos
George William AristotelidisLaw Office of Jorge G. Aristotelidis, Petitioner
George William AristotelidisLaw Office of Jorge G. Aristotelidis, Petitioner
Texas
Andrew Nelson WarthenBexar County Criminal District Attorney's Office, Respondent
Andrew Nelson WarthenBexar County Criminal District Attorney's Office, Respondent