No. 18-7860
IFP
Tags: collateral-review constitutional-law criminal-procedure due-process fourteenth-amendment jury-finding mandatory-minimum retroactivity sixth-amendment substantive-rule watershed-rule
Latest Conference:
2019-04-12
Question Presented (from Petition)
Does the new rule of constitutional law announced in Alleyne v. United States, 570 U.S. 99 (2013), that any fact that increases the mandatory minimum sentence is an "element" of the offense and thus must be found by a jury, rather than a judge, and must be found beyond a reasonable doubt, apply retroactively on collateral review, either because it is a substantive rule or a watershed rule of criminal procedure?
If Alleyne is not a substantive rule but is a watershed rule of criminal procedure, are the states constitutionally required to give it retroactive effect, a question this Court explicitly left open in Montgomery v. Louisiana, 136 S.Ct. 718, 729 (2016)?
Question Presented (AI Summary)
Does the Alleyne rule apply retroactively on collateral review?
Docket Entries
2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2018-10-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2019)
Attorneys
Timothy L. Barnes
Timothy L. Barnes — Petitioner