No. 18-6058

Donald Lee Reeves, III v. California

Lower Court: California
Docketed: 2018-09-24
Status: Granted
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: cruel-and-unusual-punishment due-process fair-trial felony-murder insufficient-evidence intent robbery special-circumstance
Latest Conference: N/A
Question Presented (from Petition)

I. Whether petitioner's due process right to a fair trial was violated when he was convicted of robbery in Count 4 based upon insufficient evidence that petitioner formed the intent to steal either before or during the commission of the act of force against the victim, David Hamilton.

Whether petitioner's due process right to a fair trial was violated when he was convicted of robbery felony murder in Count 3 based on insufficient evidence that the fatal assault was incidental to the robbery.

Whether petitioner's due process right to a fair trial was violated relative to the true finding on the robbery murder special circumstance attached to Count 3, based upon insufficient evidence that the fatal assault was incidental to the robbery.

Whether petitioner's due process right to a fair trial was violated when he was convicted of robbery felony murder in Count I based upon insufficient evidence that petitioner formed the intent to steal either before or during the commission of the act of force against the victim, Bobby Johnson.

Whether petitioner's due process right to a fair trial was violated relative to the true finding on the robbery murder special circumstance attached to Count I, based upon insufficient evidence that the fatal assault was incidental to the robbery.

Whether petitioner's two indeterminate sentences of life in prison without parole constitutes cruel and unusual punishment under the state and

Question Presented (AI Summary)

Whether petitioner's due process right to a fair trial was violated

Docket Entries

2018-11-13
Petition DENIED.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-10-17
Waiver of right of respondent People of the State of California to respond filed.
2018-09-12
Application (18A255) to file petition for a writ of certiorari in excess of page limits granted by The Chief Justice. The petition for a writ of certiorari may not exceed pages.
2018-08-28
Application (18A255) to file petition for a writ of certiorari in excess of page limits, submitted to The Chief Justice.
2018-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2018)

Attorneys

Donald Lee Reeves
Donald Lee Reeves III — Petitioner
People of the State of California
Julie Louise GarlandOffice of the Atty General, Respondent
Julie Louise GarlandOffice of the Atty General, Respondent