No. 20-7057

Romario Waller v. Arkansas

Lower Court: Arkansas
Docketed: 2021-02-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 5th-amendment 6th-amendment aggravating-factors amendment-violation constitutional-rights due-process judicial-discretion mandatory-sentencing plea-agreement sentencing sentencing-enhancement
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2021-03-26
Question Presented (AI Summary)

Did the Trial Judge violate Petitioner's constitutional rights

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . 1. Did the Trial Judge in case no 1995-CR-545 violate Petitioner's 5th, 6th, 14th, . Amendment rights when he sentenced Petitioner to a more than 20% (twenty percent) upward enhancement departure from the 29.1-31.5 presumptive sentence range based upon aggravating factors not charged in the indictment, not admitted by Petitioner at trial, no found to exist at trial by the judge, nor submitted to or found to exist by a jury but merely added to the judgment and commitment order the day after trial? 2. Did the use of false aggregating enhancement factors used to increase Petitioner's statutory mandatory sentencing range of 29.1-31.5 years to an imposed 40 year sentence violate Petitioner's rights under the 5th, 6th, 14th , Amendments? 3. Did the Trial judge in case no 1995-CR-627 and 1996-CR-038 violate Petitioner's rights under the Sth, 6th, and 14th Amendments by adding sentences and , convictions for those cases to Petitioner’s judgment and commitment order . although there was never any trial or sentencing in any court of law in those . cases? 4. Has the State of Arkansas Supreme Court violated the 14th Amendment by determining 1993 Ark. Code Ann 16-90-801 thru 804 did not apply to Petitioner's : Plea Agreement when the Arkansas Legislative intent specified those guidelines governed all negotiated plea agreements. i.e., is that decision contrary to Arkansas law/Federal Law and Constitution? —

Docket Entries

2021-03-29
Petition DENIED.
2021-03-11
DISTRIBUTED for Conference of 3/26/2021.
2021-03-08
Waiver of right of respondent Arkansas to respond filed.
2021-01-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2021)

Attorneys

Arkansas
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
Romario Waller
Romario V. Waller — Petitioner