No. 18-7789
Response WaivedIFP
Tags: criminal-sentencing cruel-and-unusual-punishment due-process eighth-amendment habeas-corpus retroactivity sentencing-enhancement state-jail-felony statutory-enhancement statutory-interpretation texas-court-of-criminal-appeals
Latest Conference:
2019-04-12
Question Presented (from Petition)
When a statutory punishment enhancement is found inapplicable to a class of offenses, thereby decreasing the punishment range from 2-10 years to 180 days to two years incarceration, does the Cruel and Unusual Punishment Clause of the Eighth Amendment require the holding be retroactive.
Question Presented (AI Summary)
Whether the Eighth Amendment requires retroactive application of a court decision finding a sentencing enhancement inapplicable, thereby decreasing the punishment range
Docket Entries
2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-07
Waiver of right of respondent The State of Texas to respond filed.
2019-02-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2019)
Attorneys
Ashley Richards
Thomas Donald Moran — Schneider @ McKinney, P.C., Petitioner
The State of Texas
David W. Barr — Harris County District Attorney's Office, Respondent
Jill Burdette — Harris County District Attorney's Office, Respondent