Roosevelt Stolden v. California
DueProcess
Should the Court reconsider its majority opinion in Oregon v. Ice
QUESTIONS PRESENTED Should the Court reconsider its majority opinion in Oregon v. Ice, 555 U.S. 160, 167-168, 173-177, 129 S.Ct. 711, 172 L.Ed.2d 517 (2009) (Ice) which permits consecutive sentencing for multiple felony convictions based upon post-verdict judicial fact-finding which relates solely to the commission of the underlying offenses and which apply only a preponderance of evidence standard? (See Justice Scalia’s dissenting opinion in /ce, joined in by Chief Justice Roberts and Justices Thomas and Souter at pp. 173-178 [concluding that the majority's reasoning had been specifically rejected in Apprendi v. New Jersey, 530 U.S. 466, 482483, 120 S.Ct. 2348, 2358-2359, 147 L.Ed.2d 435 (2000) (Apprendi); see also Alleyne v. United States 570 U.S. 99, 111-112, 133 S.Ct. 2151, 2160, 186 L.Ed.2d 314 (2013) (Alleyne).) Would overruling /ce undermine principles of stare decisis, or would such a decision only minimally affect governmental reliance on past precedent because “prosecutors are perfectly able to ‘charge facts upon which [consecutive sentencing] is based in the indictment and prove them to a jury.’ Harris [v. United States], 536 U.S. [545] at p. 581, 122 S.Ct. 2406, 153 L.Ed.2d 524 [(2002)] (Thomas, J., dissenting).” (Alleyne, supra, 570 U.S. at pp. 119 (concurring opinion of Justice Sotomayor, with whom Justices Ginsburg and Kagan join)? i