No. 24-7145

Jeffery Day Rieber v. John Q. Hamm, Commissioner, Alabama Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2025-05-06
Status: Denied
Type: IFP
IFP
Tags: capital-sentencing ineffective-assistance intent intoxication jury-trial sixth-amendment
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus Punishment Securities Privacy JusticiabilityDoctri
Latest Conference: 2025-06-26
Question Presented (AI Summary)

Did trial counsel render ineffective assistance of counsel by failing to pursue a theory of lack of intent due to intoxication and by not developing mitigating evidence, and did Alabama's capital sentencing scheme violate the Sixth Amendment right to a jury trial?

Question Presented (OCR Extract)

1. Did trial counsel render ineffective assistance of counsel at the guilt phase by failing to pursue a theory that Mr. Rieber lacked the requisite intent for intentional homicide after being presented with evidence that Mr. Rieber was intoxicated and had no recollection of the offense ? 2. Did trial counsel render ineffective assistance of counsel at the penalty phase by failing to develop and present corroborating mitigating evidence of Mr. Rieber’s intoxication at the time of the offense? 3. Did Alabama’s capital sentencing scheme, which permitted judicial override of the jury’s sentencing verdict based on a judge’s independent factfinding , violate Mr. Rieber’s Sixth Amendment right to a trial by jury?

Docket Entries

2025-06-30
Petition DENIED.
2025-06-11
DISTRIBUTED for Conference of 6/26/2025.
2025-06-02
Reply of Jeffery Day Rieber submitted.
2025-06-02
Reply of petitioner Jeffery Day Rieber filed.
2025-05-22
Brief of respondent John Q. Hamm, Commissioner, Alabama Department of Corrections in opposition filed.
2025-05-19
Brief of Comm'r, AL DOC Hamm in opposition submitted.
2025-05-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 5, 2025)
2025-03-26
Application (24A785) denied by Justice Thomas.
2025-03-20
Application (24A785) to extend further the time from May 6, 2025 to June 5, 2025, submitted to Justice Thomas.
2025-02-14
Application (24A785) granted by Justice Thomas extending the time to file until May 6, 2025.
2025-02-12
Application (24A785) to extend the time to file a petition for a writ of certiorari from April 6, 2025 to May 7, 2025, submitted to Justice Thomas.

Attorneys

Comm'r, AL DOC Hamm
Lauren Ashley SimpsonOffice of the Attorney General State of Alabama, Respondent
Lauren Ashley SimpsonOffice of the Attorney General State of Alabama, Respondent
Jeffery Day Rieber
David R KonkelGodfrey & Kahn, S.C., Petitioner
David R KonkelGodfrey & Kahn, S.C., Petitioner