No. 25A569

Eric Drake v. Texas

Lower Court: Texas
Docketed: 2025-11-14
Status: Application
Type: A
Tags: deferred-adjudication due-process equal-protection fourteenth-amendment probation subject-matter-jurisdiction
Key Terms:
DueProcess FirstAmendment Punishment Privacy ClassAction
Latest Conference: N/A
Question Presented (AI Summary)

Whether a state court's deferred probation order violates due process and equal protection when imposed by a judge lacking subject-matter jurisdiction

Question Presented (OCR Extract)

1. Whether the Court may stay or render void, the entire state deferred probation order entered by a judge who lacked subject-matter jurisdiction, in violation of the Fourteenth Amendment Due-Process and Equal Protection Clause, pending its disposition of Applicant's writ of certiorari. 2. Whether, in the alternative, the Court may stay all travel restriction conditions, and the requirement imposed by that order, in violation of the Fourteenth, Fourth, and Eighth Amendments, because compliance would cause imminent, irreparable harm to the Applicant. ul PARTIE LE 29.6 STATEMENT, AND RELATED PROCEEDIN Applicant, Eric Drake, was the Relator/Defendant. The Respondent: is The State of Texas. RELATED CASES State Appellate Courts: Ex parte Eric Drake, No. WR-95,163-03, Texas Court of Criminal Appeals. Mandamus denied. (August 27, 2025) Ex parte Erie Drake No. 05-25-00651-CR, No. 05-25-00652-CR, Fifth Court of Appeals, Dallas, Texas. Mandamus denied. (June 11, 2025) Ex parte Eric Drake No. 05-25-00542-CR, No. 05-25-00543-CR, Fifth Court of Appeals, Dallas, Texas. Mandamus denied. (May 12, 2025) Ex parte Eric Drake, No. 05-25-00360-CR, No. 05-25-00361-CR Fifth Court of Appeals, Dallas, Texas. Mandamus denied. (May 2, 2025), Rehearing denied. (May 5, 2025) District Criminal Court: State of Texas v. Eric Von Drake, Cause Numbers: F-22-76307 & F-2476901, 204th Judicial District Court, Dallas County, Texas. REQUEST FOR SUBMISSION TO THE FULL COURT Pursuant to Supreme Court Rules 22, 33, 34, and 23 and in light of the life-threatening medical circumstances detailed herein, Applicant respectfully requests that this emergency application be submitted to the ful/ Court for consideration! The decision on this application will directly impact Applicant's access to life-saving medical care and will determine whether he is subjected to a medical risk that has already proven to be life-threatening. Given the profound and irreversible nature of the harm at stake, Applicant respectfully requests consideration by the full Court is warranted. 1 Applicant Eric Drake respectfully applies for an injunction, pursuant to Supreme Court Rule 23, to stay the enforcement of the conditions of his community the travel restriction and electronic monitoring—pending this Court’s disposition of his accompanying Petition for a Writ of Certiorari. iv

Docket Entries

2025-11-20
Application (25A569) denied by Justice Alito.
2025-11-10
Application (25A569) for injunctive relief, submitted to Justice Alito.

Attorneys

Eric Drake
Eric Drake — Petitioner
Eric Drake — Petitioner