No. 18-8761

Arthur Jones v. California

Lower Court: California
Docketed: 2019-04-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment civil-rights constitutional-law criminal-procedure due-process jury-trial sentencing
Latest Conference: 2019-05-16
Question Presented (from Petition)

(1) WhEthER A CoNdUet ENHANCEMENT. StAtUTE"CAif PENAl COdE SER.1192.7(2) ThAt "REMOVES, ASSESSMENt" of FALT FROm Jury USEd TO INREASE PUNISHMENT" 1s UNCONSTiTUTIONAL UNER ARENd PANdipls.

(A) PER PriNdiplE of AppRENdi, it is UNCONstitutIONA FOR LEGISATURE TO REMOUE ANY ASSESSMENT Of FACT. THAT INCREASE PUNISHMENT FROM ThE JURY-

(b) IF CAlif. STAtUtE THAT REMOUES ASSESSMENT Of FACT FROM THE JURY, USEd, TO INCREASE PUNISMENT is uNCONstitutiONAl, ThEN it is REpUgNANt TO U.S.Constitution.

() ThE ConstitutioNal QuEStioN of LAW, Is 1 ILlEGAL SENTENCES ImPORTANt, BECAUSE 1 HAVE BEEN IMPOSED ON INMATES ThAT OUERCrOWDEd CALIF. PRISONS.

Question Presented (AI Summary)

Whether the California Penal Code §1192.7(c) that removes assessment of fact from the jury used to increase punishment is unconstitutional under the Apprendi principle

Docket Entries

2019-05-20
Petition DENIED.
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2019-04-26
Waiver of right of respondent California to respond filed.
2019-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 9, 2019)

Attorneys

Arthur Jones
Arthur Jones — Petitioner
California
Tami Michelle KrenzinOffice of the Attorney General, Respondent