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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

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.

DateProceedings and Orders (key to color coding)
04/08/2022Application (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.
04/13/2022Letter to the Clerk of Areli Escobar submitted.
04/20/2022Application (21A602) granted by Justice Alito extending the time to file until May 26, 2022.
05/13/2022Application (21A602) to extend further the time from May 26, 2022 to June 24, 2022, submitted to Justice Alito.
05/19/2022Application (21A602) granted by Justice Alito extending the time to file until June 24, 2022.
06/24/2022Petition for a writ of certiorari filed. (Response due July 28, 2022)
07/15/2022Motion to extend the time to file a response from July 28, 2022 to August 29, 2022, submitted to The Clerk.
07/19/2022Motion to extend the time to file a response is granted and the time is extended to and including August 29, 2022.
07/26/2022Brief amici curiae of The Innocence Network and The Center for Integrity in Forensic Sciences, Inc. filed.
07/28/2022Brief amicus curiae of American Bar Association filed.
07/28/2022Brief amici curiae of Former State Attorneys General, United States Attorneys, and Prosecutors filed.
08/18/2022Motion to extend the time to file a response from August 29, 2022 to September 28, 2022, submitted to The Clerk.
08/19/2022Motion to extend the time to file a response is granted and the time is further extended to and including September 28, 2022.
09/28/2022Brief of respondent Texas in support filed.
10/11/2022Reply of petitioner Areli Carbajal Escobar filed. (Distributed)
10/12/2022DISTRIBUTED for Conference of 10/28/2022.
10/28/2022Record Requested.
10/31/2022DISTRIBUTED for Conference of 11/4/2022.
11/07/2022DISTRIBUTED for Conference of 11/10/2022.
11/09/2022Record received from the Court of Criminal Appeals of Texas. The record is electronic and contains sealed materials.
11/14/2022DISTRIBUTED for Conference of 11/18/2022.
11/28/2022DISTRIBUTED for Conference of 12/2/2022.
12/05/2022DISTRIBUTED for Conference of 12/9/2022.
01/03/2023DISTRIBUTED for Conference of 1/6/2023.
01/09/2023Petition 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.
02/10/2023Judgment and mandate issued.