No. 24-6758

Matias P. Briones v. Texas

Lower Court: Texas
Docketed: 2025-03-12
Status: Denied
Type: IFP
IFP
Tags: constitutional-violation criminal-procedure due-process non-unanimous-jury ramos-precedent texas-penal-code
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2025-05-15
Question Presented (AI Summary)

Whether Texas Penal Code 21.02 violates the 5th, 6th, and 14th Amendments by allowing non-unanimous jury instructions for finding guilt and predicate acts

Question Presented (OCR Extract)

#1: Is Texas Penal Code 21.02 repugnant to the 5th, 6th, and 14th amendment of the U.S. Constitution where Texas held error of non-unanimous jury instruction is not unconstitutional (a) as applied to finding of guilt, and; (b) as to non-unanimous finding of two or more predicate acts which compose element of the offense? QUESTION #2: Was Briones tried under an Unconstitutional Statute and convicted by a, non-unanimous jury? QUESTION #3: Are jurors required, by Ramos v.Louisiana, to be unanimous as to which predicate acts support finding defendant is guilty of continuous sexual assault where: (1) unanimity as to two or more predicate acts was not answered in Ramos ; (2) in Richardson, SCOTUS said multiple violations of penal law unanimously found; (3) analysis of Texas Penal Code 21.02 supports conclusion opposed to SCOTUS precedent?

Docket Entries

2025-05-19
Petition DENIED.
2025-04-24
DISTRIBUTED for Conference of 5/15/2025.
2025-01-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 11, 2025)

Attorneys

Matias Briones
Matias P. Briones — Petitioner
Matias P. Briones — Petitioner