No. 23-5195

Cynthia Kaye Wood v. Texas

Lower Court: Texas
Docketed: 2023-07-25
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-intent criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance mens-rea specific-intent voluntary-plea
Key Terms:
DueProcess HabeasCorpus Securities Privacy JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Was the defendant's guilty plea voluntary when she did not know the mens rea for the charged offense?

Question Presented (OCR Extract)

QUESTION PRESENTED In Texas, the ens rea for attempted capital murder is a specific intent to kill. The defendant did not know this. Thus, she pled guilty although she had no such intent. She would not have pled had she known the ens rea and that expert testimony could support her claim of no intent to kill. Was the defendant’s guilty plea voluntary when she did not know the mens rea for the charged offense? 2

Docket Entries

2023-10-02
Petition DENIED.
2023-09-07
DISTRIBUTED for Conference of 9/26/2023.
2023-07-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2023)

Attorneys

Cynthia Kaye Wood
Theodore Lee WoodHarris County Public Defender's Office, Petitioner
Theodore Lee WoodHarris County Public Defender's Office, Petitioner