No. 25-6050

David Wood v. Rachel Patton, Assistant Attorney General of Texas

Lower Court: Fifth Circuit
Docketed: 2025-11-06
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: criminal-appeals dna-testing due-process habeas-corpus judicial-review state-court
Key Terms:
SocialSecurity DueProcess JusticiabilityDoctri Jurisdiction
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Does the Texas Court of Criminal Appeals' fifteen-year, twenty-three case unbroken string of denying DNA testing appeals create a plausible claim that the state-created right is illusory in practice?

Question Presented (from Petition)

Does the Texas Court of Criminal Appeals’ fifteen -year, twenty -three case unbroken string of denying DNA testing appeals create a plausible claim that the state -created right is illusory in practice ? ii PARTIES BELOW All parties are listed on the cover page in the case caption . There are no corporate parties involved in this case. iii LIST OF RELATED CASES Wood v. State , No. AP -77,107, 693 S.W.3d 308 (Tex. Crim. App. 2024). Wood v. Patton , No. 1:24 -cv-01058RP, 2025 WL 629282 (W.D. Tex. Feb. 19, 2025). Wood v. Patton , No. 25 -70004, 150 F.4th 377 (5th Cir. 2025).

Docket Entries

2026-01-12
Petition DENIED.
2025-12-24
DISTRIBUTED for Conference of 1/9/2026.
2025-12-22
Reply of David Wood submitted.
2025-12-22
Reply of petitioner David Wood filed. (Distributed)
2025-12-05
Brief of Rachel Patton, In Her Official Capacity as District Attorney Pro Tem. in opposition submitted.
2025-12-05
Brief of respondent Rachel Patton, Assistant Attorney General of Texas in opposition filed.
2025-11-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 8, 2025)

Attorneys

David Wood
Jeremy Don SchepersOffice of the Federal Public Defender, NDTX, Petitioner
Jeremy Don SchepersOffice of the Federal Public Defender, NDTX, Petitioner
Rachel Patton, In Her Official Capacity as District Attorney Pro Tem.
Katherine Davis AbellOffice of the Attorney General of Texas, Respondent
Katherine Davis AbellOffice of the Attorney General of Texas, Respondent