No. 19-5404

Steven Hoff v. California

Lower Court: California
Docketed: 2019-07-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attempted-first-degree-murder due-process due-process-clause evidence-code general-intent intent jury-instructions mistake-or-accident premeditation uncharged-misconduct uncharged-offense
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Due Process Clause is violated when a jury is instructed to consider evidence of an uncharged, general intent offense in determining guilt of attempted first-degree murder

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Is the Due Process Clause violated when a jury is instructed that it can consider evidence regarding an uncharged, general intent offense in determining whether a defendant is guilty of attempted first degree murder, including whether the defendant intended to kill, acted with premeditation, or acted as a result of mistake or accident? I. Isita violation of the Due Process Clause to instruct a jury that, in determining whether a defendant charged with attempted first degree murder intended to kill, acted with premeditation, or acted as a result of mistake or accident, it can consider evidence that the defendant had previously given a false name to a peace officer? WI. Does a state law violate the Due Process Clause when it permits the use of an uncharged, dissimilar crime to show that a defendant had the propensity to commit attempted first degree murder? ny

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-08
Waiver of right of respondent The State of California to respond filed.
2019-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2019)

Attorneys

Steven Hoff
Paul Richard KlevenLAW OFFICE OF PAUL KLEVEN, Petitioner
Paul Richard KlevenLAW OFFICE OF PAUL KLEVEN, Petitioner
The State of California
Rama Ronald MalineState of CA-Dept. of Justice, Office of AG, Respondent
Rama Ronald MalineState of CA-Dept. of Justice, Office of AG, Respondent