No. 25-6130

Eric Drake v. Texas

Lower Court: Texas
Docketed: 2025-11-14
Status: Denied
Type: IFP
IFP
Tags: deferred-probation due-process eighth-amendment fourteenth-amendment second-amendment subject-matter-jurisdiction
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2026-01-16
Question Presented (AI Summary)

Whether the State's refusal to allow out-of-state travel for life-saving medical treatment violates the Eighth and Fourteenth Amendments; whether the Second Amendment prohibits restricting firearm possession for a defendant on deferred probation; whether a judge lacking subject-matter jurisdiction violates due process

Question Presented (OCR Extract)

Whether the State ’s refusal to allow out of state travel for life-saving medical treatment to a defendant on deferred probation violates the Eighth and Fourteenth Amendments. Whether the Second Amendment prohibit a state from restricting a defendant on deferred probation from possession of firearms to protect his life and property since a deferred adjudication is not a conviction. Whether it violates the Due Process Clause under the Fifth and Fourteenth Amendments if a judge lacked subject-matter jurisdiction entered judgments and sign orders in a state criminal matter. i

Docket Entries

2026-01-20
Petition DENIED.
2025-12-31
DISTRIBUTED for Conference of 1/16/2026.
2025-11-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2025)

Attorneys

Eric Drake
Eric Drake — Petitioner
Eric Drake — Petitioner