No. 19-5927

Cuitlahuac Tahua Rivera v. California

Lower Court: California
Docketed: 2019-09-13
Status: Denied
Type: IFP
IFP
Tags: constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2019-11-15
Question Presented (AI Summary)

Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to increase the statutory maximum for the crime must be found by a jury beyond a reasonable doubt?

Question Presented (OCR Extract)

QUESTION PRESENTED Does California’s death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to increase the statutory maximum for the crime must be found by a jury beyond a reasonable doubt? //1

Docket Entries

2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-15
Brief of respondent State of California in opposition filed.
Main DocumentCertificate of Word CountProof of Service
2019-09-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2019)
PetitionMotion for Leave to Proceed in Forma PauperisProof of Service

Attorneys

Cuitlahuac Rivera
Stephen Michael Lathrop — Law Offices of Lathrop & Villa, Petitioner
Stephen Michael Lathrop — Law Offices of Lathrop & Villa, Petitioner
State of California
Darren Kyle Indermill — Office of the Attorney General, State of California, Respondent
Darren Kyle Indermill — Office of the Attorney General, State of California, Respondent