No. 20-8432
Robert L. Garza v. Donald Kleine, et al.
Response WaivedIFP
Tags: constitutional-rights due-process judicial-authority judicial-discretion preponderance-of-evidence preponderance-standard sentencing sentencing-enhancement sixth-amendment speedy-trial
Latest Conference:
2021-09-27
Question Presented (from Petition)
Does a judge exceed his legal authority by making factual findings by a preponderance of the evidence which expose a defendant to the elevated upper term sentence ?
Does a violation of the six month speedy trial constitute a violation of the Sixth Amendment under the U.S. Constitution ?
Question Presented (AI Summary)
Does a judge exceed his legal authority by making factual findings by a preponderance of the evidence which expose a defendant to the elevated | upper term sentence?
Docket Entries
2021-10-04
Petition DENIED.
2021-08-12
DISTRIBUTED for Conference of 9/27/2021.
2021-07-26
Waiver of right of respondent Doug Peterson to respond filed.
2021-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2021)
Attorneys
Doug Peterson
James A. Campbell — Nebraska Attorney General's Office, Respondent
Robert L. Garza
Robert Garza — Petitioner