No. 23-7783
Joseph James Conkling v. Kansas
Response RequestedResponse WaivedRelisted (2)IFP
Tags: apprendi-precedent apprendi-rule blakely-rule blakely-v-washington criminal-sentencing fact-finding jury-determination jury-trial sentencing sixth-amendment unpled-facts
Key Terms:
SocialSecurity Securities Immigration
SocialSecurity Securities Immigration
Latest Conference:
2024-10-18
(distributed 2 times)
Question Presented (AI Summary)
Does this Court's decision in Blakely v. Washington establish an 'unpled but admitted facts' exception to the rule set forth in Apprendi v. New Jersey?
Question Presented (OCR Extract)
QUESTION PRESENTED Does this Court’s decision in Blakely v. Washington, 542 U.S. 296 (2004) establish an “unpled but admitted facts” exception to the rule set forth in Apprendi v. New Jersey, 530 U.S. 466 (2000), wherein this Court interpreted the Sixth Amendment as requiring a state government to prove any fact that increases the permissible penalty for a crime (other than the fact of a prior conviction) to a jury beyond a reasonable doubt? ii
Docket Entries
2024-10-21
Petition DENIED.
2024-10-03
DISTRIBUTED for Conference of 10/18/2024.
2024-09-27
Reply of petitioner Joseph Conkling filed. (Distributed)
2024-09-16
Brief of respondent Kansas in opposition filed.
2024-08-15
Response Requested. (Due September 16, 2024)
2024-08-08
DISTRIBUTED for Conference of 9/30/2024.
2024-07-25
Waiver of Kansas of right to respond submitted.
2024-07-25
Waiver of right of respondent Kansas to respond filed.
2024-06-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 24, 2024)
Attorneys
Joseph Conkling
Randall Lee Hodgkinson — Kansas Appellate Defender Off., Petitioner
Kansas
Anthony John Powell — Office of the Kansas Attomey General, Respondent