No. 19-5394

Michael Leon Bell v. California

Lower Court: California
Docketed: 2019-07-30
Status: Denied
Type: IFP
IFP
Tags: aggravating-circumstances capital-punishment constitutional-procedure death-penalty due-process fourteenth-amendment jury-fact-finding jury-trial mitigating-circumstances reasonable-doubt sentencing sentencing-standards sixth-amendment
Key Terms:
DueProcess Punishment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does California's death penalty scheme violate the requirement that every fact, other than a prior conviction, that serves to increase the statutory maximum penalty for a crime must be found by a jury beyond a reasonable doubt?

Question Presented (OCR Extract)

QUESTION PRESENTED Does California’s death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt (1) the existence of one or more aggravating circumstances, (2) that aggravating circumstances outweigh mitigating circumstances, and (3) that the aggravating circumstances are so substantial that they warrant death instead of life, violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact, other than a prior conviction, that serves to increase the statutory maximum penalty for a crime must be found by a jury beyond a reasonable doubt. i

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-08-26
Brief of respondent State of California in opposition filed.
2019-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2019)

Attorneys

Michael Bell
Melissa HillAttorney at Law, Petitioner
Melissa HillAttorney at Law, Petitioner
State of California
William Ke-Wei KimCalifornia Attorney General's Office, Respondent
William Ke-Wei KimCalifornia Attorney General's Office, Respondent