No. 21-5724

Devin Lee Rintye v. California

Lower Court: California
Docketed: 2021-09-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: apprendi-v-new-jersey constitutional-rights criminal-procedure due-process ineffective-counsel miller-v-alabama mitigating-evidence sentencing youth youth-mitigation
Key Terms:
SocialSecurity
Latest Conference: 2021-11-05
Question Presented (AI Summary)

Does a State Court violate a defendant's due process rights, contrary to Apprendi v. New Jersey and Miller v. Alabama, when the court does not afford the defendant the opportunity to present mitigating evidence tied to the defendant's youth to a jury when the court has imposed an aggravated upper-term sentence beyond the statutory maximum?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ET, Does a State Court violote a defendants due process rights, tight tayery and United States Supreme Court rulings in Apprend iV. NewJersey and Miller VAbbon \Jhen Yhe Court dose not afford delat the opportunity to cPail Mirtigatia evidera tied to defendants youth to & jury when the coor} has oris imposing agqaveted upper ter M Sentence. beyond the statut ory Moximum ® #2. Ave newly discovered and odnissible Mitigating Lids Sorround ing Q cr iminal Conviction Celevant for the Prrpose of Sentencing Consideration? 3.Is counsel ineMechive. ot Serttencing when Counsel does not argue mittgating factors or chject too aggravated Sentence beyond the statutory Moximum? HU, Does a State Court Vielote adefendants dee Process rights and Commit a Structural error by ignoring Its ovon roles of court and thanckctory ‘Sentencing quidelines set forword by its Stoles legislature? 9: Does a State Gort violate. a defend ants right to trial by jury Saferuorce ly the Sith ond fourteenth Anencnerts and also Violate the rule of Apprendi when Hey Impose a settence beyond the statstory Maximum without the benef t+ of due Process? FG Tho dwenile defendant was Sentenced asa adult toa disctetionary serttence loelore Hegetng qlconce tied to a defendants youth was adnissile doe +3 rulings ut the igh genet ? as Mile. Alabo, Chosld the cota ep lave the. epportunify To have. 4 Creag ence fecons red in light of the ven legal landscape cakied to /

Docket Entries

2021-11-08
Petition DENIED.
2021-10-21
DISTRIBUTED for Conference of 11/5/2021.
2021-10-14
Waiver of right of respondent California to respond filed.
2021-09-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2021)

Attorneys

California
Daniel Brian RogersOffice of the California Attorney General, Respondent
Devin L. Rintye
Devin Lee Rintye — Petitioner