No. 19-7298

James Lee Bell v. Florida

Lower Court: Florida
Docketed: 2020-01-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: apprendi-precedent blakely-rule criminal-procedure due-process judicial-discretion jury jury-trial mandatory-minimum recidivism recidivist-treatment sentencing sentencing-enhancement
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Was the limitation of Almendarez-Torres and the dictates of Apprendi and Blakely violated?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Q1: Was the limitation of Almendarez-Torres and the dictates of Apprendi and Blakely violated? Florida in deciding whether Petitioner qualified for recidivist treatment and whether a statutory enhanced sentence be imposed, let the judge not only determine whether necessary predicates were present (priors, etc) but also permitted him (not jury) to make a factual determination unrelated to priors that made an enhanced sentence mandatory and removed all Judicial Discretion. Q2: Whether Florida's action in ignoring binding precedent at time that required resentencing under the guidelines rather than allowing a denovo resentencing violate Due Process (5" and 14" Amendment). ti

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-02-04
Waiver of right of respondent Florida to respond filed.
2020-01-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2020)
2019-10-17
Application (19A418) granted by Justice Thomas extending the time to file until January 2, 2020.
2019-10-03
Application (19A418) to extend the time to file a petition for a writ of certiorari from November 3, 2019 to January 2, 2020, submitted to Justice Thomas.

Attorneys

Florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
James Bell
James Lee Bell — Petitioner
James Lee Bell — Petitioner