No. 23-5438

Fox Joseph Salerno v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2023-08-24
Status: Dismissed
Type: IFP
Relisted (2)IFP
Tags: apprendi apprendi-rule blakely blakely-retroactivity certificate-of-appealability due-process jurisdiction retroactivity rule-of-finality rule-of-lenity sentencing sentencing-jurisdiction
Key Terms:
DueProcess
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Does Apprendi decision apply to Arizona Defendants

Question Presented (from Petition)

QUESTION(S) PRESENTED ONE Does Apprendi decision apply to Arizona Defendants on the date that the U.S. Supreme Court ruled on Apprendi (June 26, 2000), or on the date that the Blakely decision came out (June 24, 2004), which only re-interprets the meaning of Apprendi? TWO Is Blakely retroactive to Apprendi? THREE If a defendant does not admit aggravating factors nor does a jury convict him of these aggravating factors as is now required under Apprendi, does the court or did the court have SMJ or any jurisdiction, to issue an enhanced sentence using these aggravating factors? FOUR Does the Rule of Lenity or Rule of Finality take precedence? They are in conflict in this case and the lower court is choosing Finality. FIVE Did the Ninth Circuit violate Slack v. McDaniel, 529 U.S. 473, 484, 120 S. Ct. 1595, 146 L. Ed. 2d 542 (2000); see also 28 U.S.C. § 2253(c)(2); in denying Certificate of appealability, by relying on their own conflicting ruling in United States v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015); Lynch v. Blodgett, 999 F.2d 401, 403 (9th Cir. 1993)

Docket Entries

2023-12-11
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2023-11-21
Motion DISTRIBUTED for Conference of 12/8/2023.
2023-11-09
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2023-10-30
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2023-10-12
DISTRIBUTED for Conference of 10/27/2023.
2023-06-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2023)

Attorneys

Fox Joseph Salerno
Fox Joseph Salerno — Petitioner
Fox Joseph Salerno — Petitioner