No. 25-5183

Manuel Javier Perez v. Texas

Lower Court: Texas
Docketed: 2025-07-23
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: brady-violation dna-evidence habeas-corpus materiality-standard prosecutorial-misconduct scientific-evidence
Key Terms:
DueProcess
Latest Conference: 2026-01-09 (distributed 2 times)
Question Presented (AI Summary)

Whether DNA evidence that is not conclusively exculpatory but potentially undermines the prosecution's case constitutes a Brady violation requiring reversal

Question Presented (OCR Extract)

IS DNA DIFFERENT FOR BRADY CLAIMS? The State prosecutors suppressed DNA evidence of a third-party contributor which their own expert had labeled ''important*' to the defense in spite of her acknowledgement that this DNA had only minor peaks and was insufficient for comparison'. Indeed, , the presence of a third-party would have substantiated the defense theory that the DNA was planted on the complaintant's body from a recently used condom and called into question the value of the DNA the prosecutors relied on to corroborate the complaintant's testimony. DUE TO THE POWERFUL NATURE OF ;DNA AS OBJECTIVE SCIENTIFIC EVIDENCE THAT CARRIES GREAT WEIGHT WITH JURIES, WAS THE SUPPRESSED DNA "FAVORABLE ” AND "MATERIAL ” IN THIS CASE EVEN THOUGH IT DID NOT CONCLUSIVELY EXCULPATE? The State Habeas Trial Court below concluded, Yes, because the jury did not believe the complaintant on the counts unsupported by DNA evidence and the other supposedly corroborating evidence had also been challenged. i

Docket Entries

2026-01-12
Petition DENIED.
2025-12-17
Additional electronic records received from the Texas Court of Criminal Appeals.
2025-12-04
DISTRIBUTED for Conference of 1/9/2026.
2025-11-26
Reply of petitioner Manuel Javier Perez filed. (Distributed)
2025-11-13
Brief of respondent Texas in opposition filed.
2025-11-13
Brief of Texas in opposition submitted.
2025-11-10
Letter from petitioner received.
2025-10-15
Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2025.
2025-10-10
Motion to extend the time to file a response from October 14, 2025 to November 13, 2025, submitted to The Clerk.
2025-10-10
Motion of Texas for an extension of time submitted.
2025-09-17
Electronic record received from the Court of Criminal Appeals of Texas.
2025-09-17
Record Requested.
2025-09-12
Response Requested. (Due October 14, 2025)
2025-09-04
DISTRIBUTED for Conference of 9/29/2025.
2025-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 22, 2025)
2025-06-04
Application (24A1190) granted by Justice Alito extending the time to file until July 10, 2025.
2025-05-30
Application (24A1190) to extend the time to file a petition for a writ of certiorari from June 10, 2025 to August 9, 2025, submitted to Justice Alito.

Attorneys

Manuel Javier Perez
Manuel Javier Perez — Petitioner
Manuel Javier Perez — Petitioner
Texas
Lori Denise BrodbeckTexas Office of the Attorney General, Respondent
William Robert PetersonOffice of the Texas Attorney General, Respondent
Lori Denise BrodbeckTexas Office of the Attorney General, Respondent