No. 25-1316October Term 2025Before Arguments
Donnie Ray Pearson, Petitioner v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division
from the United States Court of Appeals for the Fifth Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Fifth Circuit.
Question presented
Whether a juror who has been the victim of the same type of crime as the charged offense is impliedly biased where she does not unequivocally state that she can be fair and impartial.
- Case path
United States Court of Appeals for the Fifth Circuit / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
Donnie Ray Pearson asked the Supreme Court to review whether a juror in his trial should have been treated as biased after she disclosed that she had been molested as a child and said only that she thought she could be fair. Pearson says his lawyer was ineffective for not removing her, but the Fifth Circuit rejected that claim.
Argument
No oral argument is scheduled because the case is still at the petition stage. Pearson says the juror's note showed implied bias, while the Fifth Circuit said counsel was not ineffective because the juror was not impliedly biased.
Impact
The case could shape when trial lawyers must remove jurors whose personal experiences closely match the alleged crime. For example, it matters when a defendant argues that a juror who lived through similar abuse should not have helped decide the verdict.
What is Pearson v. Guerrero about?
The Court is being asked whether a juror with the same victim history can be treated as biased without clear assurances of fairness. Pearson also says his lawyer failed by not trying to remove her.
How could Pearson v. Guerrero affect criminal trials?
The case could affect when defense lawyers must strike jurors whose personal experiences closely match the alleged crime. It also affects victims asked to serve on juries.
What happens next in Pearson v. Guerrero?
The justices must first decide whether to grant certiorari (hear the case). No argument is scheduled yet, and no decision window is available.
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
- Jul 17, 2026
- Method
- Methodology