No. 18-8031

William Bolden v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-02-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process jury prior-conviction reasonable-doubt sentencing sentencing-enhancement statutory-maximum
Latest Conference: 2019-03-22
Question Presented (from Petition)

WAS PETITIONER SENTENCED UNDER A STATUTE THAT VIOLATE DUE PROCESS OF LAW UNDER THE UNITED STATES CONSTITUTION BY PERMITTING A TRIAL COURT TOIMPOSE AN ENHANCED SENTENCE WELL BEYOND THE STATUTORY MAXIMUM BASED ON A PRIOR CONVICTION, A FACT THAT WAS NOT ESTABLISHED BY A JURY OR PROOF BEYOND A REASONABLE DOUBT ?

Question Presented (AI Summary)

Was petitioner sentenced under a statute that violate due process of law under the United States Constitution by permitting a trial court to impose an enhanced sentence well beyond the statutory maximum based on a prior conviction, a fact that was not established by a jury or proof beyond a reasonable doubt?

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-28
Waiver of right of respondent Pennsylvania to respond filed.
2018-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 21, 2019)

Attorneys

Pennsylvania
Nancy WinkelmanDistrict Attorney's Office, Respondent
William Bolden
William Bolden — Petitioner