No. 18-5408

Norberto Serna v. California

Lower Court: California
Docketed: 2018-07-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bodily-harm criminal-law cruel-and-unusual-punishment due-process eighth-amendment equal-protection extortion kidnapping sentencing sentencing-disparity
Key Terms:
DueProcess Punishment
Latest Conference: 2018-09-24
Question Presented (from Petition)

I. Whether California violates the Equal Protection Clause by imposing a harsher maximum sentence on kidnapper-extortionists—who harm their victims and who do not target a secondary victim—than it imposes on similarly situated kidnapper-robbers.

II. Whether California violates the Eighth Amendment's proscription against cruel and unusual punishment by imposing a harsher maximum sentence on kidnapper-extortionists—who harm their victims and who do not target a secondary victim—than it imposes on similarly situated kidnapper-robbers.

Question Presented (AI Summary)

Whether California violates the Equal Protection Clause and Eighth Amendment by imposing a harsher maximum sentence on kidnapper-extortionists than on similarly situated kidnapper-robbers

Docket Entries

2018-10-01
Petition DENIED.
2018-08-09
DISTRIBUTED for Conference of 9/24/2018.
2018-08-01
Waiver of right of respondent California to respond filed.
2018-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2018)

Attorneys

California
David M. BaskindCalifornia Department of Justice, Respondent
Norberto Serna
James S. ThomsonJames Thomson, Attorney and Counselor at Law, Petitioner