No. 19-5630

Roosevelt Stolden v. California

Lower Court: California
Docketed: 2019-08-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alleyne-v-united-states apprendi-rule apprendi-v-new-jersey consecutive-sentencing criminal-procedure criminal-sentencing due-process judicial-fact-finding preponderance-of-evidence sentencing sentencing-guidelines stare-decisis
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Should the Court reconsider its majority opinion in Oregon v. Ice

Question Presented (OCR Extract)

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

Docket Entries

2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-08-22
Waiver of right of respondent California to respond filed.
2019-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 19, 2019)

Attorneys

Roosevelt STOLDEN
Edward Howard Schulman — Petitioner
STATE OF CALIFORNIA
William Hyunmin ShinCalifornia Department of Justice, Respondent