No. 18-6884

Isaiah Glenndell Tryon v. Oklahoma

Lower Court: Oklahoma
Docketed: 2018-11-30
Status: Denied
Type: IFP
IFP
Tags: aggravating-factors appellate-review criminal-procedure death-penalty hurst-v-florida jury-trial mitigating-circumstances ring-v-arizona sixth-amendment
Key Terms:
DueProcess Punishment
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether the Sixth Amendment prohibits a state appellate court from reweighing aggravating and mitigating circumstances and determining that death is the appropriate punishment

Question Presented (OCR Extract)

QUESTION PRESENTED After invalidating one of four (4) aggravating factors found by the jury, the Oklahoma Court of Criminal Appeals reweighed the remaining aggravating circumstances against the evidence the court determined was mitigating and concluded that the aggravating factors outweighed the mitigating circumstances and affirmed the death sentence. The question presented is in light of Ring v. Arizona and Hurst v, Florida does the Sixth Amendment prohibit a state appellate from reweighing aggravating and mitigating circumstances and determining that death is the appropriate punishment because those factual determinations must be made by a jury and found beyond a reasonable doubt? i

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-17
Brief of respondent State of Oklahoma in opposition filed.
2018-12-27
Motion to extend the time to file a response is granted and the time is extended to and including January 30, 2019.
2018-12-21
Motion to extend the time to file a response from December 31, 2018 to January 30, 2019, submitted to The Clerk.
2018-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 31, 2018)
2018-09-21
Application (18A305) granted by Justice Sotomayor extending the time to file until November 26, 2018.
2018-09-17
Application (18A305) to extend the time to file a petition for a writ of certiorari from September 27, 2018 to November 26, 2018, submitted to Justice Sotomayor.

Attorneys

Isaiah Tryon
Andrea Digilio MillerOklahoma Cnty. Public Defender, Petitioner
State of Oklahoma
Jennifer J. DicksonOklahoma Attorney General, Respondent