No. 22-5692

Kyle Brandon Rocha v. West Virginia

Lower Court: West Virginia
Docketed: 2022-09-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: beyond-a-reasonable-doubt confrontation confrontation-clause constitutional-rights due-process hearsay hearsay-evidence reasonable-doubt sentencing sentencing-hearing standard-of-proof
Key Terms:
DueProcess
Latest Conference: 2022-10-28
Question Presented (AI Summary)

Is it a violation of a defendant's rights to due process of law and confrontation for a Court to make a finding in a sentencing hearing based solely on uncorroborated hearsay, where the standard of proof in said finding is 'beyond a reasonable doubt'?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Is it a violation of a defendant’s rights to due process of law and confrontation for a Court to make a finding in a sentencing hearing based solely on uncorroborated hearsay, where the standard of proof in said finding is “beyond a reasonable doubt”? i | . | | | 1

Docket Entries

2022-10-31
Petition DENIED.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-09-30
Waiver of right of respondent West Virginia to respond filed.
2022-08-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 27, 2022)

Attorneys

Kyle Brandon Rocha
Kyle Brandon Rocha — Petitioner
Kyle Brandon Rocha — Petitioner
West Virginia
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent