No. 18-952

Christopher Anthony Mountjoy, Jr. v. Colorado

Lower Court: Colorado
Docketed: 2019-01-24
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: apprendi-precedent apprendi-v-new-jersey colorado-sentencing colorado-sentencing-system constitutional-interpretation jury-determination legal-elements sentencing-factors sixth-amendment sixth-amendment-precedent united-states-v-gaudin
Key Terms:
SocialSecurity Securities Immigration LaborRelations
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Whether the rule of United States v. Gaudin applies to sentencing factors covered by Apprendi v. New Jersey

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the rule of United States v. Gaudin, 515 U.S. 506 (1995)—namely, that the Sixth Amendment requires juries to find not just historical facts but also that those facts satisfy the legal definitions of elements of offenses—applies to “sentencing factors” that are covered by Apprendi v. New Jersey, 530 U.S. 466 (2000), and its progeny.

Docket Entries

2019-04-29
Petition DENIED.
2019-04-10
DISTRIBUTED for Conference of 4/26/2019.
2019-04-09
Reply of petitioner Christopher Anthony Mountjoy, Jr. filed. (Distributed)
2019-03-27
Brief of respondent State of Colorado in opposition filed. (4/1/2019)
2019-02-25
Brief amicus curiae of Colorado Criminal Defense Bar filed.
2019-02-04
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
2019-01-31
Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
2019-01-18
Petition for a writ of certiorari filed. (Response due February 25, 2019) (Corrected appendix to the petition submitted 1/25/19)

Attorneys

Christopher Anthony Mountjoy, Jr.
Jeffrey L. FisherO'Melveny & Myers, LLP, Petitioner
Jeffrey L. FisherO'Melveny & Myers, LLP, Petitioner
Colorado Criminal Defense Bar
Adam Neil MuellerHaddon, Morgan & Foreman, P.C., Amicus
Adam Neil MuellerHaddon, Morgan & Foreman, P.C., Amicus
State of Colorado
L. Andrew CooperOffice of the Colorado Attorney General, Respondent
L. Andrew CooperOffice of the Colorado Attorney General, Respondent