No. 23-6390

Jose Guadalupe Ramirez v. Illinois

Lower Court: Illinois
Docketed: 2023-12-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: adolescent-brain-development due-process expert-assistance indigent-defendant mandatory-life-sentence right-to-present-defense sentencing
Key Terms:
DueProcess
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Does a trial court deprive an indigent defendant of due-process, right-to-present-defense by failing to appoint an adolescent-brain-development expert for sentencing where the indigent defendant is unable to otherwise challenge the imposition of a mandatory life sentence without expert assistance

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In McWilliams v. Dunn, 582 U.S. 1838, 198-99 (2017), this Court held that giving the defendant access to neurological testing but denying the defendant’s request for expert assistance to evaluate the testing report and to assist with preparing and presenting arguments at the sentencing hearing fell short of the expert assistance required by Ake v. Oklahoma, 470 U.S. 68 (1985). McWilliams, however, left open the question presented here: Does a trial court deprive an indigent defendant of due process and the right to present a defense by failing to appoint an adolescent brain development expert for sentencing, where the indigent defendant is unable to otherwise challenge the imposition of a mandatory life sentence without expert assistance. i

Docket Entries

2024-02-20
Petition DENIED.
2024-02-01
DISTRIBUTED for Conference of 2/16/2024.
2024-01-29
Waiver of right of respondent Illinois to respond filed.
2023-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 29, 2024)

Attorneys

Illinois
Katherine Marie DoerschOffice of the Illinois Attorney General, Respondent
Jose Guadalupe Ramirez
Douglas Robert HoffOffice of the State Appellate Defender , Petitioner