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No. 25-1316October Term 2025Before Arguments

Docket 25-1316October Term 2025 (2025–2026)

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.
Case AcceptedUpcoming
Arguments AheadUpcoming
Decision ReleasedUpcoming
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.

The Court does not announce decision dates in advance.Argument and decision days

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.

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
Primary materials6
Context reporting3