DueProcess FourthAmendment
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
#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?