No. 18-5408
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
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. Baskind — California Department of Justice, Respondent
Norberto Serna
James S. Thomson — James Thomson, Attorney and Counselor at Law, Petitioner