No. 25-5750

Gary David Green v. Texas

Lower Court: Texas
Docketed: 2025-09-29
Status: Pending
Type: IFP
IFP
Tags: None
Key Terms:
AdministrativeLaw DueProcess Punishment HabeasCorpus
Latest Conference: 2026-02-20
Question Presented (AI Summary)

Question not identified.

Question Presented (OCR Extract)

Petitioner Gary Green was sentenced to death in Texas in 2019 . At the sentencing phase of his capital trial, the State elicited misleading and highly prejudicial testimony: that Gary’s own father allegedly wanted his son to die. Though the elder Green was unable to testify at the trial, the State called former Sheriff Bob Alford to testify that, after a domestic dispute at the Green home decades prior, Bobby Green told the sheriff that he “wanted [the sheriff] to kill him .” As the Texas Court of Criminal Appeals recognized, “maybe the jury felt less moral trepidation about sentencing [Gary] to death knowing that his own father approved.” This petition thus presents the following question s: Whether the holding of Andrew v. White , that general legal principles established by this Court are to be applied to various factual patterns, applies to the general Eighth Amendment principle established in Caldwell v. Mississippi ? Whether the Texas Court of Criminal Appeals’ refusal to follow the general legal principle of Caldwell v. Mississippi and asserti on that Caldwell is instead limited to its specific facts, constitutes an unwarranted refusal to apply controlling Supreme Court precedent ? ii LIST OF RELATED DECISIONS Texas Criminal Proceedings State v. Green , Cause No. 19FC -1013C (94th Dist. Ct. Nueces Co., Tex.) (state trial court proceeding) Green v. State , 713 S.W.3d 865 (Tex. Crim. App. May 28, 2025) (Texas Court of Criminal Appeals decision on direct appeal)

Docket Entries

2026-01-15
DISTRIBUTED for Conference of 2/20/2026.
2025-12-29
Brief of Texas in opposition submitted.
2025-12-29
Brief of Texas in opposition filed.
2025-11-25
Motion to extend the time to file a response is granted and the time is further extended to and including December 29, 2025.
2025-11-24
Motion of Texas for an extension of time submitted.
2025-11-24
Motion to extend the time to file a response from November 28, 2025 to December 29, 2025, submitted to The Clerk.
2025-10-24
Motion to extend the time to file a response is granted and the time is extended to and including November 28, 2025.
2025-10-23
Motion of Texas for an extension of time submitted.
2025-10-23
Motion to extend the time to file a response from October 29, 2025 to November 28, 2025, submitted to The Clerk.
2025-09-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2025)
2025-08-25
Application (25A215) granted by Justice Alito extending the time to file until September 25, 2025.
2025-08-20
Application (25A215) to extend the time to file a petition for a writ of certiorari from August 26, 2025 to September 25, 2025, submitted to Justice Alito.

Attorneys

Gary Green
Raoul D. SchonemannUniversity of Texas School of Law, Petitioner
Texas
Craig William CosperTexas Attorney General's Office, Respondent