No. 22-5785

Robert Alan Fratta v. Texas

Lower Court: Texas
Docketed: 2022-10-07
Status: Denied
Type: IFP
IFP
Tags: attorney-neglect constitutional-compliance criminal-procedure grand-jury habeas-corpus indictment pro-se state-courts state-procedure supreme-court-precedent
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Whether state courts are required to accept and rule on the merits of claims presented in writs of habeas corpus by prisoners who dismiss their attorneys and file pro se due to attorney neglect or refusal

Question Presented (OCR Extract)

QUESTIONS PRESENTED wkk CAPITAL CASE *«*«* (Execution date for January 10th pending) . 1) IN LIGHT OF THE SHINN v. MARTINEZ RAMIREZ RULING, ARE STATE COURTS NOW REQUIRED TO ACCEPT AND RULE ON THE MERITS OF CLAIMS PRESENTED IN WRITS OF HABEAS CORPUS BY PRISONERS WHO LAWFULLY DISMISS THEIR ATTORNEYS TO BE IN COMPLIANCE WITH STATE PROCEDURES AND FILE THE CLAIMS PRO SE BECAUSE THE ATTORNEYS NEGLECTED OR REFUSED TO? | 2) CAN UNINDICTED ACTORS BE ADDED INTO AN ACCUSED'S JURY CHARGE WHEN HIS INDICTMENT CHARGES HIM AS THE ONLY ACTOR TO COMMIT THE OFFENSE? 3) IS IT UNCONSTITUTIONAL FOR A GRAND JURY TO SIGN OFF ON AN | : INDICTMENT WHEN THE ELEMENTS OF THE OFFENSE SOUGHT ARE NOT | SATISFIED and/or COULD NOT HAVE BEEN SATISFIED BY THE GOVERNMENT TO BEGIN WITH? 2 a eee

Docket Entries

2023-01-09
Petition DENIED.
2023-01-09
Application (22A486) referred to the Court.
2023-01-09
Application (22A486) for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is denied.
2022-12-22
DISTRIBUTED for Conference of 1/6/2023.
2022-12-13
Reply of petitioner Robert Alan Fratta filed.
2022-12-06
Brief of respondent Texas in opposition filed.
2022-12-06
Response to application from respondent Texas filed.
2022-11-04
Application (22A486) for a stay, submitted to Justice Alito.
2022-10-31
Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2022.
2022-10-28
Motion to extend the time to file a response from November 7, 2022 to December 7, 2022, submitted to The Clerk.
2022-08-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 7, 2022)

Attorneys

Robert Alan Fratta
Robert Alan Fratta — Petitioner
Robert Alan Fratta — Petitioner
Texas
Ellen Stewart-KleinOffice of the Attorney General of Texas, Respondent
Ellen Stewart-KleinOffice of the Attorney General of Texas, Respondent