No. 20-5176

Nicholas Harris v. California

Lower Court: California
Docketed: 2020-07-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process ex-post-facto fourteenth-amendment penal-consequences resentencing serious-felony three-strikes-law witness-dissuasion
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Does California's Three Strikes Reform Act of 2012 violate the Ex Post Facto Clause and/or the Due Process Clause?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Does California’s Three Strikes Reform Act of 2012 (“the Reform Act”), as interpreted by California’s Supreme Court, violate the Ex Post Facto Clause (U.S. Const., Art. 1, § 10) and/or the Due Process Clause of the Fourteenth Amendment, altering the penal consequences of Mr. Harris’s convictions for witness dissuasion (Cal. Pen. Code § 136.1) by excluding from the substantial resentencing benefits of the Reform Act any person whose “current offense” conviction is for a crime defined as a “serious felony” under California law as of the operative date of the Reform Act, where said current offense crime was not a serious felony at the time of its commission? 1

Docket Entries

2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-05
Waiver of right of respondent California to respond filed.
2020-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2020)

Attorneys

California
Bruce Louis OrtegaCalifornia Department of Justice, Attorney General's Office, Respondent
Bruce Louis OrtegaCalifornia Department of Justice, Attorney General's Office, Respondent
Nicholas Harris
William M. RobinsonSixth District Appellate Program, Petitioner
William M. RobinsonSixth District Appellate Program, Petitioner