No. 24-6403

Brian Dale Nixon v. Texas

Lower Court: Texas
Docketed: 2025-01-28
Status: Denied
Type: IFP
Amici (1)Response WaivedIFP
Tags: capital-murder constitutional-rights criminal-procedure due-process presumption-of-innocence trial-location
Key Terms:
DueProcess
Latest Conference: 2025-03-21
Question Presented (AI Summary)

Was the Petitioner's right to the presumption of innocence and to due process violated when the Petitioner's capital murder trial was conducted in this jail facility?

Question Presented (OCR Extract)

No question identified. : QUESTI ON PRESENTED The Pet itioner’s capital murder trial was held in this facility: The Suprem e Courts of Oreg on and Washington held this is inherently prejudicial and erodes the presumption of innocence. Oregon v. Cavan, 337 Ore. 433, 98 P.3d 381 (Or. 2004); Washington v. Jaime, 168 Wn2d 857, 233 P.3d 554 (Wash. 2010). The Texas Court of Criminal Appeals, with one judge dissenting, disagreed and reversed the unanimous lower co urt of appeals. Was the Petitioner’s right to the presumption of innocence and to due process violated when the Petitioner’s capital murder trial was conducted in this jail facility? ii LIST OF PARTI ES All parties appear in the cap tion of the cas e on the cover page. RELATED CASES Nixon v. Texa s, 674 S.W.3d 384 (Tex . App. San Antonio 2023, pet. granted), reversed by, remanded by Nixon v. Texa s, No. PD-0 556-23, 2024 Tex. Crim. App. LEXIS 9 49 (Tex . Crim. App., No v. 20, 2024). iii

Docket Entries

2025-03-24
Petition DENIED.
2025-02-27
DISTRIBUTED for Conference of 3/21/2025.
2025-02-27
Amicus brief of Texas Criminal Defense Lawyers Association submitted.
2025-02-27
Brief amicus curiae of Texas Criminal Defense Lawyers Association filed. (Distributed)
2025-02-21
Waiver of right of respondent State of Texas to respond filed.
2025-01-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2025)

Attorneys

Brian Dale Nixon
Michael Clark GrossGross & Esparza, PLLC, Petitioner
State of Texas
Aaron Lloyd NielsonOffice of the Texas Attorney General, Respondent
William Francis ColeOffice of the Texas Attorney General, Respondent
Texas Criminal Defense Lawyers Association
David Michael Guinn Jr.Hurley, Guinn, Singh & VonGonten, Amicus