| 23-6038 |
Lakeith Lynn Washington v. United States |
Fifth Circuit |
2023-11-17 |
GVR |
Relisted (2)IFP |
alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-rights criminal-procedure fifth-amendment jury-beyond-reasonable-doubt minimum-and-maximum-sentences prior-convictions sentencing-enhancement sixth-amendment |
Do the Fifth and Sixth Amendments require facts to prove prior convictions for ACCA sentencing be alleged in indictment and proven to jury? |
| 19-7649 |
Socorro Susan Caro v. California |
California |
2020-02-12 |
Denied |
IFP |
aggravating-circumstances constitutional-rights criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial mitigating-circumstances reasonable-doubt sentencing sixth-amendment |
Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact, other than a prior c… |
| 19-7429 |
Louis Mitchell, Jr. v. California |
California |
2020-01-28 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment aggravating-circumstances aggravating-mitigating-circumstances constitutional-rights death-penalty fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-determination jury-trial mitigating-circumstances reasonable-doubt sixth-amendment |
Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute—a factfinding determination that se… |
| 19-7379 |
Lee Samuel Capers v. California |
California |
2020-01-22 |
Denied |
IFP |
constitutional-requirement criminal-procedure criminal-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding jury-trial reasonable-doubt sentencing sixth-amendment statutory-maximum |
Whether California's death penalty scheme violates the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior… |
| 19-5977 |
Kerry Lyn Dalton v. California |
California |
2019-09-17 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment constitutional-requirement criminal-sentencing death-penalty fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment statutory-maximum |
Does California's death penalty scheme violate the requirement under the Fifth, Sixth and Fourteenth Amendments that every fact other than a prior con… |
| 19-5927 |
Cuitlahuac Tahua Rivera v. California |
California |
2019-09-13 |
Denied |
IFP |
constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment |
Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to… |
| 18-9698 |
Ruben Perez Gomez v. California |
California |
2019-06-18 |
Denied |
IFP |
constitutional-requirement death-penalty fifth-amendment fourteenth-amendment jury jury-beyond-reasonable-doubt jury-finding reasonable-doubt sentencing-standard sixth-amendment statutory-maximum statutory-maximum-punishment |
Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact other than a prior co… |
| 18-8753 |
Carl Devon Powell v. California |
California |
2019-04-10 |
Denied |
IFP |
aggravating-circumstances constitutional-sentencing death-penalty due-process fifth-amendment fourteenth-amendment jury jury-beyond-reasonable-doubt jury-fact-finding mitigating-circumstances reasonable-doubt sixth-amendment |
Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact, other than a prior c… |
| 18-6262 |
Richard Penunuri v. California |
California |
2018-10-09 |
Denied |
IFP |
constitutional-requirement criminal-sentencing death-penalty eighth-amendment fact-finding fifth-amendment fourteenth-amendment jury-beyond-reasonable-doubt jury-finding reasonable-doubt sixth-amendment |
Does California's death penalty scheme violate the requirement under the Fifth, Sixth, Eighth and Fourteenth Amendments that every fact that serves to… |
| 18-5378 |
Alejandro Chavez-Garcia v. United States |
Fifth Circuit |
2018-07-27 |
Denied |
Response WaivedIFP |
alleyne-v-united-states apprendi-v-new-jersey burden-of-proof criminal-procedure defendant-rights indictment jury-beyond-reasonable-doubt jury-trial prior-conviction sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |