No. 19-6385

Neil Grenning v. James Key, Superintendent, Airway Heights Corrections Center

Lower Court: Ninth Circuit
Docketed: 2019-10-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals certificate-of-appealability consecutive-sentencing due-process habeas habeas-corpus notice oregon-v-ice sentencing sixth-amendment standard-of-review straw-man
Key Terms:
DueProcess
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Mr. Grenning's life sentence upon post-trial allegation of aggravating elements

Question Presented (OCR Extract)

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

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-11-08
Waiver of right of respondent James Key to respond filed.
2019-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2019)

Attorneys

James Key
Peter Benjamin GonickAttorney General of Washinton, Respondent
Peter Benjamin GonickAttorney General of Washinton, Respondent
Neil Grenning
Neil Grenning — Petitioner
Neil Grenning — Petitioner