No. 22-5513

Jerome Jenkins, Jr. v. South Carolina

Lower Court: South Carolina
Docketed: 2022-09-06
Status: Denied
Type: IFP
IFP
Tags: capital-punishment capital-sentencing due-process hearsay-rules hurst-v-florida judicial-bias jury-sentencing jury-waiver mitigating-evidence plea-bargaining state-statute
Key Terms:
DueProcess Punishment HabeasCorpus
Latest Conference: 2022-11-04
Question Presented (AI Summary)

Could a South Carolina trial judge who had told Petitioner he would sentence him to death if he pled guilty still rule, consistent with Hurst v. Florida, that Petitioner had to waive jury sentencing and be sentenced by him alone if Petitioner's choice under the state statute was to plead guilty and accept responsibility for his crimes?

Question Presented (OCR Extract)

QUESTIONS PRESENTED CAPITAL CASE ; 1. Could a South Carolina trial judge who had told Petitioner he would sentence him to death if he pled guilty still rule, consistent with Hurst v. Florida, 577 U.S. 92 (2016), that Petitioner had to waive jury sentencing and be sentenced by him alone if Petitioner’s choice under the state statute was to plead guilty and accept responsibility for his crimes? 2. Whether the decision by the South Carolina Supreme Court in this case conflicts with this Court’s opinion in Green v. Georgia, 442 U.S. 95 (1979) which instructed that a defendant’s fundamental right to present critical mitigating evidence in his or her defense should not be excluded during the penalty stage of a capital trial due to the mechanical application of state hearsay evidence rules? i

Docket Entries

2022-11-07
Petition DENIED.
2022-10-20
DISTRIBUTED for Conference of 11/4/2022.
2022-10-17
Reply of petitioner Jerome Jenkins filed.
2022-10-05
Brief of respondent South Carolina in opposition filed.
2022-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 6, 2022)

Attorneys

Jerome Jenkins
Robert Michael Dudek Jr.SC Office of Appellate Defense, Petitioner
Robert Michael Dudek Jr.SC Office of Appellate Defense, Petitioner
State of South Carolina
William Edgar Salter IIISouth Carolina Attorney General's Office, Respondent
William Edgar Salter IIISouth Carolina Attorney General's Office, Respondent