sentencing-elements

2 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
20-6347 Christopher Mikelinich v. United States Second Circuit 2020-11-17 Denied Relisted (2)IFP criminal-law criminal-procedure due-process felony-possession knowing-plea mens-rea plain-error plea-agreement plea-bargaining rehaif-v-united-states sentencing-elements Where a defendant claims his plea was not knowing and intelligent because he was unaware of all the elements of the offense, does it matter whether he…
18-6956 Jason Dirk Walton v. Florida, et al. Florida 2018-12-07 Denied IFP capital-murder criminal-law due-process eighth-amendment first-degree-murder jury-unanimity resentencing retrospective-application retrospective-law sentencing-elements substantive-criminal-law When changes in a state's substantive criminal law apply retrospectively to cases involving homicides committed in 1981 and 1982, but not to cases inv…