No. 18-1359
William Shannon Gresham v. Tennessee
Response Waived
Tags: acquitted-conduct criminal-procedure double-jeopardy due-process jury-trial sentencing sentencing-enhancement sixth-amendment sufficiency-of-evidence
Latest Conference:
2019-06-13
Question Presented (from Petition)
(1) Whether a trial court may use acquitted conduct by a jury that rejected the State's proof on a particular issue in order to enhance a defendant's sentence on a separate or lesser-included offense?
(2) Whether a trial court may use that same acquitted conduct by a jury to support a conviction for a separate or lesser included offense?
Question Presented (AI Summary)
Whether a trial court may use acquitted conduct by a jury that rejected the State's proof on a particular issue in order to enhance a defendant's sentence on a separate or lesser-included offense?
Docket Entries
2019-06-17
Petition DENIED.
2019-05-28
DISTRIBUTED for Conference of 6/13/2019.
2019-05-17
Waiver of right of respondent State of Tennessee to respond filed.
2019-03-05
Petition for a writ of certiorari filed. (Response due May 29, 2019)
Attorneys
State of Tennessee
Sophia Soo Lee — Tennessee Attorney General, Respondent
William Gresham
Mark Christopher Scruggs — Johnson, Scruggs & Barfield, Petitioner