No. 19-5977

Kerry Lyn Dalton v. California

Lower Court: California
Docketed: 2019-09-17
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 5th-amendment 6th-amendment constitutional-requirement criminal-sentencing death-penalty fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment statutory-maximum
Key Terms:
DueProcess Punishment
Latest Conference: 2019-11-08
Question Presented (AI Summary)

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

Docket Entries

2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-10
Brief of respondent The State of California in opposition filed.
2019-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 17, 2019)

Attorneys

Kerry Dalton
Jolie S. LipsigOffice of the State Public Defender, Petitioner
Jolie S. LipsigOffice of the State Public Defender, Petitioner
The State of California
Christen Elise SomervilleCalifornia Office of the Attorney General, Respondent
Christen Elise SomervilleCalifornia Office of the Attorney General, Respondent