Escobar v. Texas
Petition for a writ of certiorari granted, judgment vacated, and case remanded to the Court of Criminal Appeals of Texas for further consideration in light of the confession of error by Texas in its brief filed on September 28, 2022.| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-1601 | Tex. Crim. App. | N/A | N/A | N/A | N/A | OT 2021 |
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to SCOTUSblog in various capacities, is among the counsel to petitioner in this case.
Issue: Whether the Texas Court of Criminal Appeals erred in holding that the prosecution’s reliance on admittedly false DNA evidence to secure petitioner’s conviction and death sentence is consistent with the due process clause of the 5th Amendment because there is no reasonable likelihood that the false DNA evidence could have affected the judgment of the jury.
SCOTUSblog Coverage
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| Date | Proceedings and Orders |
|---|---|
| Apr 08 2022 | Application (21A602) to extend the time to file a petition for a writ of certiorari from April 26, 2022 to May 26, 2022, submitted to Justice Alito. |
| Apr 13 2022 | Letter to the Clerk of Areli Escobar submitted. |
| Apr 20 2022 | Application (21A602) granted by Justice Alito extending the time to file until May 26, 2022. |
| May 13 2022 | Application (21A602) to extend further the time from May 26, 2022 to June 24, 2022, submitted to Justice Alito. |
| May 19 2022 | Application (21A602) granted by Justice Alito extending the time to file until June 24, 2022. |
| Jun 24 2022 | Petition for a writ of certiorari filed. (Response due July 28, 2022) |
| Jul 15 2022 | Motion to extend the time to file a response from July 28, 2022 to August 29, 2022, submitted to The Clerk. |
| Jul 19 2022 | Motion to extend the time to file a response is granted and the time is extended to and including August 29, 2022. |
| Jul 26 2022 | Brief amici curiae of The Innocence Network and The Center for Integrity in Forensic Sciences, Inc. filed. |
| Jul 28 2022 | Brief amicus curiae of American Bar Association filed. |
| Jul 28 2022 | Brief amici curiae of Former State Attorneys General, United States Attorneys, and Prosecutors filed. |
| Aug 18 2022 | Motion to extend the time to file a response from August 29, 2022 to September 28, 2022, submitted to The Clerk. |
| Aug 19 2022 | Motion to extend the time to file a response is granted and the time is further extended to and including September 28, 2022. |
| Sep 28 2022 | Brief of respondent Texas in support filed. |
| Oct 11 2022 | Reply of petitioner Areli Carbajal Escobar filed. (Distributed) |
| Oct 12 2022 | DISTRIBUTED for Conference of 10/28/2022. |
| Oct 28 2022 | Record Requested. |
| Oct 31 2022 | DISTRIBUTED for Conference of 11/4/2022. |
| Nov 07 2022 | DISTRIBUTED for Conference of 11/10/2022. |
| Nov 09 2022 | Record received from the Court of Criminal Appeals of Texas. The record is electronic and contains sealed materials. |
| Nov 14 2022 | DISTRIBUTED for Conference of 11/18/2022. |
| Nov 28 2022 | DISTRIBUTED for Conference of 12/2/2022. |
| Dec 05 2022 | DISTRIBUTED for Conference of 12/9/2022. |
| Jan 03 2023 | DISTRIBUTED for Conference of 1/6/2023. |
| Jan 09 2023 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of the confession of error by Texas in its brief filed on September 28, 2022. |
| Feb 10 2023 | Judgment and mandate issued. |
