No. 22-7254

Danny Wayne Alcoser v. Texas

Lower Court: Texas
Docketed: 2023-04-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: amended-motion appellate-court appellate-review constitutional-rights due-process electronic-filing ineffective-assistance judicial-proceedings notice-of-appeal procedural-error
Key Terms:
ERISA DueProcess
Latest Conference: 2023-06-01
Question Presented (AI Summary)

Did the Texas Appellate Court(s) depart from judicial-proceedings to deprive petitioner's due-process rights

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Did the Texas Appellate Court(s) so far depart from the accepted and usual course of judicial proceedings by chosing to ignore its own rules and procedures which in the manners of its action is depriving, hindering, and impeding upon petitioner's Constitutionally protected Due Process rights to have, in accordance to them rules and procedures, a full, fair, and adequate proceeding(s) before the tribunal as to call for’ an exercise of this court's supervisory power? A. Was the petitioner deprived of his right to have an amended motion for new trial properly filed and presented to the courts; trial and appellate? B. Did the appellate court(s) enter judgments without first curing a fundamental error of procedural right? CG. Was the appellate court's decision to dismiss petitioner's notice of appeal from the July 13, 2022 ruling on the amended motion for new trial an etror/abuse of discretion? D. Does the district clerk's action have a bearing on petitioner's Due Process rights when a deputy clerk therefrom fails to transfer an electronically filed document, filed online by counsel, into the defendant's electronic or paper case file? II. Did the Texas Appellate Court(s) so far depart from the accepted and usual course of judicial proceedings as to deprive petitioner his right to raise ineffective assistance of counsel claim on direct appeal as to call for an exercise of this court's supervisory power? IIL. Is Article 11.07 of the Texas Code of Criminal Procedure uncostitutional in nature in the manner that the State forbids to raise sufficiency of evidence to the grounds of innocence on collateral review? Iv. Is Texas Penal Code § 22.01 (b)(2)(B) unconstitutional when . it charges an offender with an aggravated Class A misdemeanor once the relevant relationship is removed from the equation even though there is no Texas Penal Code that supports an offense as a Glass A misdeneanor arrgavated simple assault? ii. RK 4

Docket Entries

2023-06-05
Petition DENIED.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-05-02
Waiver of right of respondent Texas to respond filed.
2023-04-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 11, 2023)
2023-02-17
Application (22A749) granted by Justice Alito extending the time to file until April 22, 2023.
2023-02-06
Application (22A749) to extend the time to file a petition for a writ of certiorari from February 21, 2023 to April 22, 2023, submitted to Justice Alito.

Attorneys

Danny Wayne Alcoser
Danny Wayne Alcoser — Petitioner
Danny Wayne Alcoser — Petitioner
Texas
Sterling HarmonMcLennan County Criminal , Respondent
Sterling HarmonMcLennan County Criminal , Respondent