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May 13, 2024

Notable dissent from denial of cert in Texas capital case concerning jury selection process

The Supreme Court this morning issued yet another order list which did not grant review in any cases.  But the list is conclude with a notable six-page dissent from the denial of cert authored by Justice Jackson and joined by Justice Sotomayor in a capital case, Sandoval v. Texas.  Here is how the dissent gets started:

Criminal defendants have a “fundamental righ[t]” “to personal presence at all critical stages of the trial.”  Rushen v. Spain, 464 U.S. 114, 117 (1983) (per curiam).  We have long held that voir dire — the moment that “represents jurors’ first introduction” to the facts of a case — is one such stage.  Gomez v. United States, 490 U.S. 858, 873–874 (1989).  In this capital case, however, the Texas Court of Criminal Appeals (TCCA) determined that a defendant had no due process right to attend “special venire” proceedings held prior to voir dire, during which a judge preevaluated potential jurors who were summonsed specifically for that case and given information about the defendant and the allegations against him.  The TCCA’s ruling raises a significant and certworthy question about whether criminal defendants have a due process right to be present in such circumstances.  In my view, the answer is yes, and this Court should have granted the petition for certiorari to furnish that important holding.

May 13, 2024 at 10:10 AM | Permalink


These guys fly-speck capital cases. Why?

Posted by: federalist | May 13, 2024 10:25:04 AM

Justice Kagan more closely resembles Justice Breyer in being Left but not fruity Left. That shows again here, to her credit.

Posted by: Bill Otis | May 13, 2024 11:34:03 AM


I hear ya buddy. Its not like anybody dies if they get one wrong LOL

Anyway even Texas' death row ain't nothing to the Hell the patriots of this country will rain down on the liberals if they try to steal the election again. MAGA

Posted by: MAGA 2024 | May 13, 2024 11:47:48 AM

Ha ha:


Just something for Doug's freedom argument.

Posted by: federalist | May 13, 2024 1:38:56 PM

You and others are always free to use this space, federalist, to complain about freedom however you want.

Posted by: Doug B | May 13, 2024 2:02:07 PM

I get a chuckle about your freedom arguments regarding incarceration of violent criminals . . . .

Posted by: federalist | May 13, 2024 2:49:20 PM

As I try to demonstrate in how I run the comments of this blog, federalist, I view freedom as a paramount value even though (too many) people misuse their freedoms. Of course, various other values can reasonably justify curtailing freedoms; but I worry about government actors being too quick to believe that broad freedoms are not as important as whatever other interest they claim they are seeking to pursue. (I think your link to an extreme gun possession sentence in another thread is a good example of my worries.)

To my knowledge, nodoby seriosuly advocates that all persons accused of violent crimes should lose all their freedoms permanently. (Does anyone seriously claim everyone convicted of any violent crime should be executed? Do you?) Consequently, everyone is, to some degree, debating the particulars of "freedom arguments regarding incarceration of violent criminals." Not sure what about that makes you chuckle, but I do sense your feelings, rather than careful thoughts, help explain your reactions on various matters.

Posted by: Doug B | May 13, 2024 6:52:49 PM

MAGA, nay of the "patriots" who drank the Kool-Aid and tried that on Jan. 6 are sitting in little cells wondering why they ruined their lives for a charlatan.

Posted by: anon | May 13, 2024 8:54:07 PM


When President Trump is re-elected I fully expect he will not only pardon them but command the U.S. Treasury to pay them damages for the time they spent as political prisoners.

And I mean real damages, not the pissant 50k that exonerees usually get when the horse puckey Innocence Project springs some murderer. 50k is not remotely enough for a loaded F-150 let a lone a house, and I think our January 6 patriots should be getting houses to compensate them for their wrongful imprisonment in the big house.

I'd say President Trump could award the Jan 6 patriots some of Bob Menendez's gold bars, but honestly I think its more likely he'll melt them down and use them to gild the fixtures at the White House.

And why not? Once he's back in, he's never leaving again LOL

Posted by: MAGA 2024 | May 14, 2024 8:09:28 AM

MAGA--any J6 protester who assaulted a cop should be prosecuted. Should be given same treatment as those Antifa goons who did the same.

Posted by: federalist | May 14, 2024 10:46:17 AM


I'm pretty sure the only "J6 people" who assaulted cops WERE Antifa goons. Just look at the USC thing. Black Block anarchists. Probably BLM too. I guess Guy Fawkes maskes would have been too obvious.

Patriots only undertake violence at the direction of proper command authority.

I look forward to having our Commander in Chief back. MAGA

Posted by: MAGA 2024 | May 14, 2024 12:59:59 PM

MAGA 2024 --

Good God you are a one-trick pony. The trick was mildly amusing at the outset, but has become very, very stale.

If my humor were as repetitive and lame as yours, I guess I'd hide my name too.

Posted by: Bill Otis | May 14, 2024 3:06:34 PM


Sorry you're not entertained but like you I'm not here to make friends. I'm here to represent to all the degenerate criminal liberal scum that we're not going to take their BS lying down anymore.

America is on the wrong track and needs to get back on it damn quick.

This is always true when the rats are in power. Once we get Trump back where he belongs--never again. MAGA

Posted by: MAGA 2024 | May 14, 2024 4:44:49 PM

MAGA writes that "Once we get Trump back where he belongs--never again." The only place Trump belongs is a cell; and if there is any justice in the world, he'll be there soon.

Everything he touches rots. Juries have unanimously convicted many of his cronies for various crimes related to his unlawful acts:

Allen Weisselberg, Rick Gates, Paul Manafort, Michael Cohen, George Papadopoulos, Roger Stone, Michael Flynn, George Nader, Elliott Broidy, Steve Bannon

And many of his lawyers have been or about to be disbarred or are facing discipline because of their unlawful activity on his behalf:
Robert Cheeley, Kenneth Chesebro, Jeffrey Clark, Matthew DePerno, John Eastman, Jenna Ellis, Michael Farina, Rudy Giuliani, Julia Haller, Scott Hagerstrom, Brandon Johnson, Stephanie Juntilla, Christopher M. Kise, Howard Kleinhendler, Michael Madaio, Armen Morian, Emily Newman, Sidney Powell, Clifford S. Robert, Gregory J. Rohl, Ray Smith, and L. Lin Wood.

Entirely apart from his flagrant adultery, misogyny, mendacity, and xenophobia, Trump remains the most pernicious and dangerous politician since Jefferson Davis.

Posted by: James the Just | May 14, 2024 8:49:30 PM

MAGA 2024 --

"Sorry you're not entertained but like you I'm not here to make friends. I'm here to represent to all the degenerate criminal liberal scum..."

Well go ahead then. You can start anytime. But just the same ole', same ole' about DJT has worn really thin.

Posted by: Bill Otis | May 15, 2024 12:05:47 AM

MAGA writes that he looks "forward to having our Commander in Chief back." Many folks look forward to having the Insurrectionist in Chief back in a cell.

Posted by: Emily | May 15, 2024 12:14:36 AM


Can't put him "back" in a cell. He's never been in one in the first place. See that's where all you liberals fall down. He's never been found guilty of anything, so he isn't guilty of anything. Therefore any attempt to assign guilt to him is a partisan witch hunt.

When people get too much education they start to vote Democratic. Karl Rove said that. It clouds their minds and they lose the willingness to see plain truths from the Good Book, like the virtue of hard work, the proper place of women, the sanctity of life, man's salvation in Jesus Christ, and the Wisdom of Donald Trump.

There's still time to get right. But its later than you think. MAGA

Posted by: MAGA 2024 | May 15, 2024 9:38:21 AM

Emily, so were you good with the suppression of the Hunter Biden laptop story?

Posted by: federalist | May 15, 2024 11:33:38 AM

MAGA, Trump is the most pernicious and malignant force in American politics since Jefferson Davis.

Posted by: Emily | May 16, 2024 9:08:24 AM

Emily ::

you said that already. asked and answered.


Posted by: MAGA 2024 | May 16, 2024 11:48:37 AM

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