No. 21-555

Benjamin A. Appleby v. Kansas

Lower Court: Kansas
Docketed: 2021-10-15
Status: Denied
Type: Paid
Response Waived
Tags: alleyne due-process fourteenth-amendment judicial-discretion jury-trial legislative-directive liberty-interest procedural-due-process resentencing sentencing-enhancement sixth-amendment
Key Terms:
DueProcess FifthAmendment FourthAmendment HabeasCorpus CriminalProcedure Punishment JusticiabilityDoctri
Latest Conference: 2021-11-12
Question Presented (AI Summary)

Whether the Fourteenth Amendment's guarantee of procedural due process is violated

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Fourteenth Amendment’s guarantee of procedural due process is violated when a State supreme court refuses to enforce its legislature’s directive that all prisoners subjected to the State’s unconstitutional judicially-decided enhanced-punishment scheme must be resentenced, thereby depriving those aggrieved of a valuable, statutorily-vested liberty interest. 2. Whether the Sixth Amendment’s guarantee of a trial by jury requires a remand for a full resentencing trial after an Alleyne violation is recognized. u PARTIES TO PROCEEDING AND

Docket Entries

2021-11-15
Petition DENIED.
2021-10-27
DISTRIBUTED for Conference of 11/12/2021.
2021-10-19
Waiver of right of respondent Kansas to respond filed.
2021-10-13
Petition for a writ of certiorari filed. (Response due November 15, 2021)

Attorneys

Benjamin Appleby
Jonathan Louis LauransJonathan Laurans, Esq., Petitioner
Jonathan Louis LauransJonathan Laurans, Esq., Petitioner
Kansas
Kristafer Ross Ailslieger — Respondent
Kristafer Ross Ailslieger — Respondent