No. 20-419

Stephen Robert Deck v. California

Lower Court: California
Docketed: 2020-10-01
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment attempt attempt-offense custodial-arrest due-process jury-instructions jury-unanimity right-to-counsel search-warrant temporal-element unanimity
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Whether the temporal direct step element of an attempt offense may be changed by jury instructions

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the temporal direct step element of an attempt offense may be changed by jury instructions to occur on the charged “on or about” dates, or the next day, or a date “reasonably close” to the charged dates without violating the Fourteenth Amendment due process right to a jury charge precisely stating the charged crime? 2. Whether the State can avoid the requirement of jury unanimity under Ramos v. Louisiana, __U.S.__, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020), by equating the direct step element of attempt with an overt act non-element of a conspiracy? 3. Whether Maryland v. Shatzer, 559 U.S. 98 (2010), permits an interview of a defendant in his home during the execution of a search warrant hours after his custodial arrest and invocation of the right to counsel? i

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-09
Waiver of right of respondent California to respond filed.
2020-09-24
Petition for a writ of certiorari filed. (Response due November 2, 2020)

Attorneys

California
David Andrew WildmanCA Atty. Gene. Offfice, Respondent
David Andrew WildmanCA Atty. Gene. Offfice, Respondent
Stephen Deck
Charles M SevillaLaw Office of Charles Sevilla, Petitioner
Charles M SevillaLaw Office of Charles Sevilla, Petitioner