No. 18-9227October Term 2018Decided Sep 25, 2019
Robert Sparks, Petitioner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
The Supreme Court did not take up Sparks' case, so the lower-court outcome remains in place without a Supreme Court answer on the underlying legal issues.
Case status
- Current stage
- Decided
- Latest event
- Decision released Sep 25, 2019
- What it's about
from the United States Court of Appeals for the Fifth Circuit.
Question presented
1. Does cross-examination of a prosecution’s expert cure all harm from that expert’s repeated false testimony during a capital punishment proceeding, and is the petitioner or prosecution at fault for failing to correct the expert’s false testimony? 2. Did the Circuit Court Err by failing to consider whether Bailiff Moorehead’s actions created an unacceptable risk of impermissible factors coming into play at Sparks’ trial, and does Brecht’s “substantial and injurious effect or influence” standard of harm apply to impartial jury claims?
- Case path
United States Court of Appeals for the Fifth Circuit / Decision released Sep 25, 2019
- Area
Decided Supreme Court case
Briefing
What it's about
Sparks asked the Supreme Court to review two issues from his capital case: alleged false expert testimony at punishment and whether a bailiff's conduct created an unacceptable risk that outside factors affected the jury. On Sept. 25, 2019, the Court declined review, so it did not decide those questions on the merits and left the Fifth Circuit's result in place.
Vote
On Sept. 25, 2019, the Supreme Court declined review and ended its involvement in the case. No vote breakdown or opinion lineup is provided here.
Impact
When the Court declines review, the lower-court result stays in effect for that defendant. For people raising similar claims about expert testimony or jury impartiality, this case did not produce a nationwide Supreme Court answer.
What's next
The Supreme Court's docket action is finished. Practically, that means the Fifth Circuit's result continues to govern Sparks' case unless some other court process becomes available.
What was Sparks asking the Supreme Court to review?
He raised two issues from his capital case: repeated false expert testimony and whether a bailiff's actions created an unacceptable risk of improper influence on the jury.
Who is most affected by the Court's decision not to hear the case?
Sparks is affected first because the Fifth Circuit's result stays in place. Other defendants with similar claims also do not get a new Supreme Court rule from this case.
What was the next procedural step after the Supreme Court acted?
There was no further Supreme Court step in this docket. The Court's involvement ended, and the lower-court judgment remained in effect.
Decision
What the Court decided
The Supreme Court did not take up Sparks' case, so the lower-court outcome remains in place without a Supreme Court answer on the underlying legal issues.
Impact
When the Court declines review, the lower-court result stays in effect for that defendant. For people raising similar claims about expert testimony or jury impartiality, this case did not produce a nationwide Supreme Court answer.
Not official Court text.
Opinion documents
Documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jun 1, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 18-9227
docket | Jun 1, 2026
Primary case document
Supreme Court document | Jun 1, 2026
CourtListener docket record
docket | Jun 1, 2026
Opinion
opinion | Sep 25, 2019
Petition
brief | May 6, 2019
Lower Court Orders/Opinions
order | Feb 28, 2019
SupremeCourt.gov
official | Jun 1, 2026
SupremeCourt.gov
official | Jun 1, 2026