No. 25-6040

Gustavo Tijerina Sandoval v. Texas

Lower Court: Texas
Docketed: 2025-11-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process harmless-error jury-trial sixth-amendment state-law trial-counsel
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2025-12-12
Question Presented (AI Summary)

May a state court that reaches and decides an asserted violation of the Sixth Amendment right to jury trial that has not been waived or forfeited under state law nevertheless affirm under a heightened state-law harm standard because trial counsel did not object, rather than applying Chapman's harmless-beyond-a-reasonable-doubt standard?

Question Presented (from Petition)

1. May a state court that reaches and decides an asserted violation of the Sixth Amendment right to jury trial that has not been waived or forfeited under state law nevertheless affirm under a heightened , state -law harm standard because trial counsel did not object, rather than applying Chapman’s harmless -beyond -a-reasonable -doubt standard ? 2. Does petitioner’s conviction violate the Sixth and Fourteenth Amendments because the jury was authorized to convict without being instructed to find every element of the offense beyond a reasonable doubt ?

Docket Entries

2025-12-15
Petition DENIED.
2025-11-26
DISTRIBUTED for Conference of 12/12/2025.
2025-11-19
Waiver of right of respondent Texas to respond filed.
2025-10-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 5, 2025)
2025-09-20
Application (25A196) granted by Justice Alito extending the time to file until November 1, 2025.
2025-09-15
Application (25A196) to extend further the time from October 2, 2025 to November 1, 2025, submitted to Justice Alito.
2025-08-19
Application (25A196) granted by Justice Alito extending the time to file until October 2, 2025.
2025-08-15
Application (25A196) to extend the time to file a petition for a writ of certiorari from September 2, 2025 to November 1, 2025, submitted to Justice Alito.

Attorneys

Gustavo Tijerina Sandoval
Jennae Rose SwiergulaTexas Defender Service, Petitioner
Jennae Rose SwiergulaTexas Defender Service, Petitioner
Texas
Lori Denise BrodbeckTexas Office of the Attorney General, Respondent
Lori Denise BrodbeckTexas Office of the Attorney General, Respondent