No. 18-8975

Derran Smiley v. William Muniz, Warden

Lower Court: Ninth Circuit
Docketed: 2019-04-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights criminal-procedure due-process ex-post-facto kidnapping kidnapping-enhancement one-strike-statute penal-code retroactive-statute sentencing statutory-interpretation
Latest Conference: 2019-05-16
Question Presented (from Petition)

1) WAS PETITIONER SMILEY WRONGFULLY CHARGED, CONVICTED AND SENTENCED WITH BREAKING A SPECIFIED STATUTE, (PC:607, GCD)), WHICH CHANGED THE LEGAL CONSEQUENCE OF ACTS COMPLETED BEFORE ITS EFFECTIVE DATE (SB.118, EFF. 9-20-06), WHEN THE EXISTING LANGUAGE ON THE DATE OF THE OFFENSE PROVIDED THAT THE PERSON HAD CONVICTED OF VIOLATING SECTION 220, WHILE PROVIDED THAT THE PERSON HAS BEEN CONVICTED PREVIOUSLY OF VIOLATING SECTION 220, FOR WHICH SMILEY HAS NOT?

2) DID THE SENTENCING COURT ERRED IN IMPOSING THE ONE STRIKE STATUTE OF PC SECTION 667.61, WHEN SMILEY WAS CONVICTED OF ONE KIDNAPPING COUNT?

3) DID THE FEDERAL COURT FAIL TO CONSIDER SMILEY'S CLAIMS WHEN HE MET THE TIME LINE AS HIS HABEAS PETITION WAS PENDING IN 2016 AND TOLLED IN PERIOD BETWEEN LOWER COURT JUDGMENT AND TIMELY FILING OF HIS NORMAL CRITERIA FOR A SUBSTANTIVE RULE, WHEN THEY ALTER THE RANGE OF?

4) WAS PETITIONER SMILEY WRONGFULLY CHARGED, CONVICTED AND SENTENCED WITH BREAKING A SPECIFIED STATUTE, (PC:607, GCD)), WHICH CHANGED THE LEGAL CONSEQUENCE OF ACTS COMPLETED BEFORE ITS EFFECTIVE DATE (SB.118, EFF. 9-20-06), WHEN THE EXISTING LANGUAGE ON THE DATE OF THE OFFENSE PROVIDED THAT THE PERSON HAD CONVICTED OF VIOLATING SECTION 220, WHILE PROVIDED THAT THE PERSON HAS BEEN CONVICTED PREVIOUSLY OF VIOLATING SECTION 220, FOR WHICH SMILEY HAS NOT?

Question Presented (AI Summary)

Did the California Supreme Court err in imposing the one strike statute of Penal Code section 667.61, when Souley was convicted of only one kidnapping count pursuant to Penal Code section 209, when the kidnapping enhancement provisions were effectively relied on as one of its special circumstances?

Docket Entries

2019-05-20
Petition DENIED.
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2019-04-25
Waiver of right of respondent William Muniz to respond filed.
2019-02-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 24, 2019)

Attorneys

Derran Smiley
Derran Smiley — Petitioner
William Muniz
Gregory A. OttCalifornia Attorney General's Office, Respondent