No. 18-463

Bernard Morello v. Texas

Lower Court: Texas
Docketed: 2018-10-12
Status: Denied
Type: Paid
Response Waived
Tags: arbitrary-enforcement civil-rights constitutional-proportionality due-process eighth-amendment excessive-fines fourteenth-amendment proportionality state-law state-statute statutory-fines
Latest Conference: 2018-11-16
Question Presented (from Petition)

Does a properly enacted state statute imposing fines
and penalties violate the Eighth Amendment of the
United States Constitution if the state applies the statute arbitrarily and abusively?

Does the Fourteenth Amendment require states to consider substantive and procedural due process protections when imposing
statutory
fines and
state
penalties?

Does the Texas Supreme Court's "shocking the senses
of mankind" standard for considering the constitutionality of statutory fines and penalties without regard to
proportionality violate the Eighth and Fourteenth
Amendments to the United States Constitution?

Question Presented (AI Summary)

Does a properly enacted state statute imposing fines and penalties violate the Eighth Amendment if the state applies the statute arbitrarily and abusively?

Docket Entries

2018-11-19
Petition DENIED.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-16
Waiver of right of respondent Texas to respond filed.
2018-10-10
Petition for a writ of certiorari filed. (Response due November 13, 2018)
2018-09-13
Application (18A266) granted by Justice Alito extending the time to file until October 10, 2018.
2018-09-10
Application (18A266) to extend the time to file a petition for a writ of certiorari from September 20, 2018 to October 10, 2018, submitted to Justice Alito.

Attorneys

Bernard J. Morello
William L Bowers Jr.Lucci Smith Law Firm, Petitioner
Texas
Craig J. PritzlaffOffice of the Attorney General of Texas, Respondent