No. 18-6726

Billy Brantley v. Indiana

Lower Court: Indiana
Docketed: 2018-11-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment burden-of-proof charged-offense constitutional-law criminal-procedure due-process evidence fourteenth-amendment jury jury-instructions reasonable-doubt
Key Terms:
DueProcess
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Where the State must present 'some' evidence of a particular fact before a jury may find a defendant guilty of a charged offense, does the Due Process Clause of the Fourteenth Amendment require that fact to be treated as an element of the charged offense which the State must prove to the jury beyond a reasonable doubt?

Question Presented (OCR Extract)

QUESTION PRESENTED Where the State must present “some” evidence of a particular fact before a jury may find a defendant guilty of a charged offense, does the Due Process Clause of the Fourteenth Amendment require that fact to be treated as an element of the charged offense which the State must prove to the jury beyond a reasonable doubt? 2

Docket Entries

2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-17
Waiver of right of respondent Indiana to respond filed.
2018-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2018)
2018-08-31
Application (18A229) granted by Justice Kagan extending the time to file until November 8, 2018.
2018-08-22
Application (18A229) to extend the time to file a petition for a writ of certiorari from September 9, 2018 to November 8, 2018, submitted to Justice Kagan.

Attorneys

Billy Brantley
Valerie Kent BootsMarion County Public Defender Agency, Petitioner
Valerie Kent BootsMarion County Public Defender Agency, Petitioner
Indiana
Stephen Richard Creason — Respondent
Stephen Richard Creason — Respondent