No. 24-6042

David Leonard Wood v. Texas

Lower Court: Texas
Docketed: 2024-11-26
Status: Denied
Type: IFP
IFP
Tags: atkins-standard criminal-procedure due-process fourteenth-amendment judicial-disqualification judicial-ethics
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Whether the Due Process Clause requires judicial disqualification when a judge presides over a case after publicly commenting on a prior ruling in the same matter

Question Presented (OCR Extract)

QUESTION PRESENTED On his campaign website seeking election to the Texas Court of Criminal Appeals, a judge provided a link to a news story praising his ruling that David Wood, the notorious “Desert Killer,” had failed to prove that he is intellectually disabled and, therefore, ineligible for execution under Atkins v. Virginia, 536 U.S. 304 (2002). The judge continued to preside over a second issue pending in the case—whether David Wood was entitled to forensic DNA testing. The judge eventually denied the motions seeking DNA testing. Does the Due Process Clause of the Fourteenth Amendment require judicial disqualification under these circumstances? i

Docket Entries

2025-02-24
Petition DENIED.
2025-02-06
DISTRIBUTED for Conference of 2/21/2025.
2025-02-04
Reply of David Wood submitted.
2025-02-03
Reply of petitioner David Leonard Wood filed.
2025-01-27
Brief of Texas in opposition submitted.
2025-01-27
Brief of respondent Texas in opposition filed.
2024-12-23
Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2025.
2024-12-20
Motion of Texas for an extension of time submitted.
2024-12-20
Motion to extend the time to file a response from December 26, 2024 to January 27, 2025, submitted to The Clerk.
2024-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2024)

Attorneys

David Wood
Gregory William WierciochFrank J. Remington Center, University of Wisconsin, Petitioner
Gregory William WierciochFrank J. Remington Center, University of Wisconsin, Petitioner
Texas
Rachel Leigh PattonOffice of the Attorney General, Respondent
Rachel Leigh PattonOffice of the Attorney General, Respondent