No. 22-7009

Davion Smith v. California

Lower Court: California
Docketed: 2023-03-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: adult-sentence criminal-procedure due-process fourteenth-amendment jury-trial juvenile-adjudication juvenile-delinquent sentencing-enhancement sixth-amendment
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2023-04-21
Question Presented (AI Summary)

Does a state violate the Due Process Clause of the Fourteenth Amendment when it denies the right to a jury trial to a juvenile delinquent on the grounds that the juvenile system is not designed to punish the juvenile, then uses the juvenile adjudication to enhance an adult criminal sentence?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Does a state violate the Due Process Clause of the Fourteenth Amendment when it denies the right to a jury trial to a juvenile delinquent on the grounds that the juvenile system is not designed to punish the juvenile, then uses the juvenile adjudication to enhance an adult criminal sentence? Il. Does a state violate the Sixth and Fourteenth Amendments when it allows the use of a juvenile adjudication to enhance an adult sentence even though the adjudication was obtained in a proceeding where the juvenile had no right to a jury trial? ii

Docket Entries

2023-04-24
Petition DENIED.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-04-03
Waiver of right of respondent California to respond filed.
2023-03-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 13, 2023)

Attorneys

California
Amit KurlekarDept. of Justice, Office of the Attorney General, Respondent
Amit KurlekarDept. of Justice, Office of the Attorney General, Respondent
Davion Smith
Candace HaleLaw Offices of Candace Hale, Petitioner
Candace HaleLaw Offices of Candace Hale, Petitioner