No. 18-7210

Gordon Prailow v. Maryland

Lower Court: Maryland
Docketed: 2019-01-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: automatic-reversal collateral-review constitutional-deficiency criminal-procedure due-process habeas-corpus jury-instructions jury-verdict reasonable-doubt retroactivity sixth-amendment watershed-rule
Latest Conference: 2019-02-15
Question Presented (from Petition)

Whether state collateral review courts must retroactively apply the watershed/bedrock procedural rule of automatic reversal to jury findings that were nullified due to a constitutionally deficient reasonable doubt instruction?

Whether a sentence is illegal when it was imposed after a defendant received no jury verdict of guilty-beyond-a reasonable-doubt within the meaning of the Sixth Amendment?

Whether a sentence is illegal when it was imposed after a conviction of a crime which was never charged in an indictment as mandated by the Sixth Amendment?

Question Presented (AI Summary)

Whether state collateral review courts must retroactively apply the watershed/bedrock procedural rule of automatic reversal to jury findings that are nullified due to a constitutionally deficient reasonable doubt instruction

Docket Entries

2019-02-19
Petition DENIED.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2019-01-14
Waiver of right of respondent Maryland to respond filed.
2018-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 4, 2019)

Attorneys

Gordon Prailow
Gordon Prailow — Petitioner
Maryland
Carrie J. Williams — Respondent