No. 21-7296

Frank C. Gonzalez v. California

Lower Court: California
Docketed: 2022-03-07
Status: Denied
Type: IFP
IFP
Tags: 5th-amendment 6th-amendment aggravating-circumstances constitutional-rights death-penalty due-process fifth-amendment jury jury-finding sixth-amendment
Key Terms:
DueProcess Punishment
Latest Conference: 2022-05-12
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.

Docket Entries

2022-05-16
Petition DENIED.
2022-04-21
DISTRIBUTED for Conference of 5/12/2022.
2022-04-06
Brief of respondent California in opposition filed.
2022-03-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 6, 2022)

Attorneys

Frank Gonzalez
Glen Niemy — Petitioner
Glen Niemy — Petitioner
State of California
Eric J. KohmOffice of the Attorney General, Respondent
Eric J. KohmOffice of the Attorney General, Respondent