No. 24-5648
IFP
Tags: aggravating-factor constitutional-rights criminal-procedure due-process sentence-enhancement subject-matter-jurisdiction
Key Terms:
DueProcess
DueProcess
Latest Conference:
2024-11-22
Question Presented (AI Summary)
Whether a 25-year sentence enhancement is void due to lack of subject matter jurisdiction, insufficient notice, and failure to submit an aggravating factor to the jury
Question Presented (OCR Extract)
QUESTION PRESENTED IS PETITIONER’S 25-YEAR SENTENCE ENHANCEMENT, FOR PERSONAL DISCHARGE OF A FIREARM VOID, WHERE THE STATE COURT LACKED SUBJECT MATTER JURISDICTION TO ENTER JUDGMENT, WHERE PETITIONER WAS NOT GIVEN WRITTEN NOTICE OF THE AGGRAVATING FACTOR IN HIS INDICTMENT AND/OR BEFORE TRIAL, AND WHERE THE AGGRAVATING FACTOR WAS NEVER SUBMITTED TO THE JURY AS AN AGGRAVATING FACTOR; IN VIOLATION OF STATE STATUTORY LAW, AND PETITIONER’S SUBSTANTIVE DUE PROCESS , RIGHTS UNDER ART. 1 SEC. 2 AND 8, IL CONST.; AND THE 5th, 6th, AND 14th AMEND. UNDER THE U.S. CONST.
Docket Entries
2024-11-25
Petition DENIED.
2024-11-07
DISTRIBUTED for Conference of 11/22/2024.
2024-06-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2024)