No. 19-7515

Andy Nguyen v. California

Lower Court: California
Docketed: 2020-01-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alleyne-v-united-states apprendi-rule apprendi-v-new-jersey consecutive-sentences consecutive-sentencing criminal-procedure criminal-sentencing judicial-fact-finding preponderance-of-evidence sentencing stare-decisis
Key Terms:
DueProcess
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Should the Court reconsider its majority opinion in Oregon v. Ice

Question Presented (from Petition)

QUESTIONS PRESENTED Should the Court reconsider its majority opinion in Oregon v. Ice, 555 U.S. 160, 167-168, 173-177, 129 S.Ct. 711, 172 L.Ed.2d 517 (2009) (Ice) which permits consecutive sentencing for multiple felony convictions based upon post-verdict judicial fact-finding which relates solely to the commission of the underlying offenses and which apply only a preponderance of evidence standard? (See Justice Scalia’s dissenting opinion in /ce, joined in by Chief Justice Roberts and Justices Thomas and Souter at pp. 173-178 [concluding that the majority's reasoning had been specifically rejected in Apprendi v. New Jersey, 530 U.S. 466, 482483, 120 S.Ct. 2348, 2358-2359, 147 L.Ed.2d 435 (2000) (Apprendi); see also Alleyne v. United States 570 U.S. 99, 111-112, 133 S.Ct. 2151, 2160, 186 L.Ed.2d 314 (2013) (Alleyne).) Would overruling /ce undermine principles of stare decisis, or would such a decision only minimally affect governmental reliance on past precedent because “prosecutors are perfectly able to ‘charge facts upon which [consecutive sentencing] is based in the indictment and prove them to a jury.’ Harris [v. United States], 536 U.S. [545] at p. 581, 122 S.Ct. 2406, 153 L.Ed.2d 524 [(2002)] (Thomas, J., dissenting).” (Alleyne, supra, 570 U.S. at pp. 119 (concurring opinion of Justice Sotomayor, with whom Justices Ginsburg and Kagan join)? i

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-24
Waiver of right of respondent California to respond filed.
2020-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 2, 2020)

Attorneys

Andy Nguyen
Edward Howard Schulman — Petitioner
Edward Howard Schulman — Petitioner
California
Stephanie Ann MiyoshiCalifornia Attorney General, Respondent
Stephanie Ann MiyoshiCalifornia Attorney General, Respondent