No. 22-7180

Tyshon Booker v. Tennessee

Lower Court: Tennessee
Docketed: 2023-04-03
Status: Dismissed
Type: IFP
IFP
Tags: apprendi-v-new-jersey criminal-procedure fourteenth-amendment juvenile-court juvenile-transfer probable-cause reasonable-doubt sentencing sixth-amendment transfer-hearing
Key Terms:
DueProcess CriminalProcedure
Latest Conference: N/A
Question Presented (AI Summary)

Did it violate the Sixth and Fourteenth Amendments for the increase in the range of potential punishment to be based on findings made by a judge under a probable cause standard rather than by a jury under a reasonable doubt standard?

Question Presented (OCR Extract)

QUESTION PRESENTED The defendant in this case was sixteen when the alleged crime was committed. He was initially charged in Juvenile Court. He was transferred from Juvenile Court to Criminal Court after a transfer hearing where the Juvenile Court judge found three statutory factors, including that the defendant was involved in a crime and that the public interest favored transfer to adult court, to have been proven under a probable cause standard. As a result of that transfer ruling by the Juvenile Court, the defendant’s maximum possible punishment for a charge of murder increased from punishment for two-and-a-half years (until he turned nineteen and juvenile jurisdiction expired) to punishment up to and including life imprisonment. The question presented is: Did it violate the Sixth and Fourteenth Amendments, as construed in Apprendi v. New Jersey, 530 U.S. 466 (2000), and its progeny, for this increase in the range of potential punishment to be based on findings made by a judge under a probable cause standard rather than by a jury under a reasonable doubt standard? ii

Docket Entries

2023-06-02
Petition Dismissed - Rule 46.
2023-05-10
Motion to dismiss the petition for a writ of certiorari under Rule 46.2 filed by petitioner.
2023-04-28
Brief of respondent Tennessee in opposition filed.
2023-03-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 3, 2023)
2023-02-07
Application (22A719) granted by Justice Kavanaugh extending the time to file until April 1, 2023.
2023-02-03
Application (22A719) to extend the time to file a petition for a writ of certiorari from February 16, 2023 to April 1, 2023, submitted to Justice Kavanaugh.

Attorneys

Tennessee
Zachary Thomas HinkleTennessee Attorney General & Reporter, Respondent
Zachary Thomas HinkleTennessee Attorney General & Reporter, Respondent
Tyshon Booker
Jonathan Patrick HarwellKnow County Public Defender's Community Law Office, Petitioner
Jonathan Patrick HarwellKnow County Public Defender's Community Law Office, Petitioner