No. 21-5012

Brian David Johnsen v. California

Lower Court: California
Docketed: 2021-07-06
Status: Denied
Type: IFP
IFP
Tags: death-penalty due-process jury reasonable-doubt ring-v-arizona sentencing
Key Terms:
DueProcess Punishment
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Does California's death penalty scheme violate the requirement that every fact, other than a prior conviction, that serves to increase the statutory maximum penalty for a crime must be found by a jury beyond a reasonable doubt?

Question Presented (OCR Extract)

QUESTION PRESENTED Does California’s death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt the existence of one or more aggravating circumstances, violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact, other than a prior conviction, that serves to increase the statutory maximum penalty for a crime must be found by a jury beyond a reasonable doubt? il

Docket Entries

2021-10-12
Petition DENIED.
2021-09-16
DISTRIBUTED for Conference of 10/8/2021.
2021-09-02
Brief of respondent California in opposition filed.
2021-07-29
Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2021.
2021-07-28
Motion to extend the time to file a response from August 5, 2021 to September 4, 2021, submitted to The Clerk.
2021-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 5, 2021)

Attorneys

Brian David Johnsen
Neoma D. Kenwood — Petitioner
State of California
Alice Kay LauterbachCalifornia Department of Justice, Office of the Attorney General, Respondent
Kenneth N. SokolerCalifornia Department of Justice, Respondent