Neil Grenning v. James Key, Superintendent, Airway Heights Corrections Center
DueProcess
Mr. Grenning's life sentence upon post-trial allegation of aggravating elements
QUESTIONS PRESENTED : . : 1 . _ Mr. Grenning's life sentence upon post-trial . allegation of aggravating elements raises a significant issue: Integrity of appeals that circumvent Supreme : Court authority on the Sixth Amendment right to Notice by use of ‘straw man' arguments. Grenning was . "sentenced to 116 years using aggravators he received no . notice of before trial, as only after trial ended did the State allege them. The habeas court ruled he had no right to receive aggravators in the charging document, : recharacterizing the ground to a narrower ‘federal indictment clause’ claim Grenning never made. Did the Ninth Circuit Court of Appeal's summary denial of . Certificate of Appealability subject Grenning to a stricter standard than prescribed by the Supreme Court, ~ when jurists of reason could disagree with the district oo a. w ) 6. Court using a ‘straw man' to knock down an appeal of a OS cornerstone Constitutional right? : ; . ; 2 : . Mrv Grenning's case raises a substantial question ~ ‘on the scope of Oregon v. Ice, when Washington and i ‘several other states paint this Court's ruling more ; broadly that its language holds: Does Oregon v. Ice . grant as exempt from the Sixth Amendment right to jury . ; . .tryial.all facts used for consecutive sentencing? Or is , . ; ’ it the 'narrow exception' described by Justice Gorsuch in United States v. Haymond, and not applicable to . oO ‘consecutive sentencing that creates 'above-standard. . _ vange' discrete sentences? Washington's scheme, by : statute, authorities, and in the record, is a "sentence : above the standard range for each of the defendant's ; : convictions." Did summary denial of COA by the Ninth “ * Circuit subject Grenning to an unduly burdensome : standard for granting COA, when jurists of reason could —— debate removing from the jury determination of facts supporting consecutive sentences, and the claim deserves encouragement to proceed a further on appeal? . . Petition for Writ of Certiorari i