No. 18-8031

William Bolden v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-02-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process jury prior-conviction reasonable-doubt sentencing sentencing-enhancement statutory-maximum
Key Terms:
Securities Immigration
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Was petitioner sentenced under a statute that violate due process of law under the United States Constitution by permitting a trial court to impose an enhanced sentence well beyond the statutory maximum based on a prior conviction, a fact that was not established by a jury or proof beyond a reasonable doubt?

Question Presented (OCR Extract)

QUESTION PRESENTED: A). WAS PETITIONER SENTENCED UNDERASTATUTE THAT VIOLATE DUE PROCESS OF LAW UNDER THE ; UNITED STATES CONSTITUTION BY PERMITTING A TRIAL _| COURT TO-EMPOSE AN ENHANCED SENTENCE WELL BEYOND THE STATUTORY MAXIMUM BASED ON A PRIOR CONVICTION, A FACT THAT WAS NOT ESTABLISHED BY A JURY OR PROOF BEYOND A REASONABLE DOUBT ? — (this . _ _ issue was raised. in petitioner’s direct appeal in the Superior court at NO: 2605-EDA-2010, by : petitioner’s direct appeal attorney, prior to petitioner’s filing of a PCRA petition). SEE: attached. EXHIBIT (N)Superior court document’s of NO: 2605-EDA-2010, listed as page’s, (29), (30), and (31)). : ,

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-28
Waiver of right of respondent Pennsylvania to respond filed.
2018-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 21, 2019)

Attorneys

Pennsylvania
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent
William Bolden
William Bolden — Petitioner
William Bolden — Petitioner