No. 20-1062
Response RequestedResponse WaivedRelisted (2)
Tags: 14th-amendment aggravating-factors constitutional-challenge due-process fourteenth-amendment jury-finding jury-findings sentencing-guidelines vagueness
Key Terms:
DueProcess
DueProcess
Latest Conference:
2021-06-03
(distributed 2 times)
Question Presented (AI Summary)
Whether defendants may challenge aggravating factors as vague under the Due Process Clause
Question Presented (OCR Extract)
QUESTION PRESENTED In a_ state with mandatory sentencing guidelines, where a judge may not sentence a defendant above the guidelines range unless the jury finds an aggravating factor beyond a reasonable doubt, may defendants challenge those aggravating factors as vague in violation of the Due Process Clause of the Fourteenth Amendment? ii STATEMENT OF
Docket Entries
2021-06-07
Petition DENIED.
2021-05-18
DISTRIBUTED for Conference of 6/3/2021.
2021-05-17
Reply of petitioner Chad Bennett filed. (Distributed)
2021-05-04
Brief of respondent Washington in opposition filed.
2021-03-19
Motion to extend the time to file a response is granted and the time is extended to and including May 5, 2021.
2021-03-18
Motion to extend the time to file a response from April 5, 2021 to May 5, 2021, submitted to The Clerk.
2021-03-05
Response Requested. (Due April 5, 2021)
2021-03-03
DISTRIBUTED for Conference of 3/19/2021.
2021-02-09
Waiver of right of respondent State of Washington to respond filed.
2021-01-29
Petition for a writ of certiorari filed. (Response due March 8, 2021)
Attorneys
Chad Bennett
Lila J. Silverstein — Washington Appellate Project, Petitioner
Lila J. Silverstein — Washington Appellate Project, Petitioner
Washington
Garth Louis Dano — Grant County Prosecutor, Respondent
Garth Louis Dano — Grant County Prosecutor, Respondent
Kevin J. McCrae — Grant County Prosecutor's Office, Respondent
Kevin J. McCrae — Grant County Prosecutor's Office, Respondent