No. 19-7595

Rickey Todd Major v. Renee Baker, Warden

Lower Court: Nevada
Docketed: 2020-02-07
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: constitutional-law criminal-law due-process federal-constitution retroactivity state-courts substantive-function supreme-court-precedent welch-v-united-states
Key Terms:
DueProcess
Latest Conference: 2020-04-03
Question Presented (AI Summary)

Does the federal Constitution require state courts to apply retroactively decisions that narrow the scope of criminal laws?

Question Presented (OCR Extract)

QUESTION PRESENTED In Welch v. United States, 136 S.Ct. 1257 (2016), this Court adopted a functional test for retroactivity: courts must retroactively apply decisions with substantive functions, including decisions that narrow the scope of a criminal statute. In Byford v. State, 116 Nev. 215, 994 P.2d 700 (2000), the Nevada Supreme Court narrowed the scope of first-degree murder. But despite Welch, the Nevada courts still refuse to apply Byford retroactively. The question presented is: Following Welch, does the federal Constitution require state courts to apply retroactively decisions that narrow the scope of criminal laws? 1

Docket Entries

2020-04-06
Petition DENIED.
2020-03-19
DISTRIBUTED for Conference of 4/3/2020.
2020-03-02
Blanket Consents filed by Petitioner, Rickey Todd Major and Respondents Renee Baker, et al.
2020-02-28
Waiver of right of respondent Renee Baker, Warden to respond filed.
2020-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 9, 2020)

Attorneys

Renee Baker, Warden
Mark S. MillsElko County District Attorney's Office, Respondent
Mark S. MillsElko County District Attorney's Office, Respondent
Rickey Todd Major
Jonathan Michael KirshbaumLaw Offices of the Federal Public Defender, Petitioner
Jonathan Michael KirshbaumLaw Offices of the Federal Public Defender, Petitioner