No. 18-9436

William Edward Branham v. Isidro Baca, Warden

Lower Court: Nevada
Docketed: 2019-05-28
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: criminal-statute due-process montgomery-louisiana montgomery-v-louisiana retroactivity statutory-interpretation substantive-rule teague-exception welch-united-states welch-v-united-states
Latest Conference: 2019-10-01
Question Presented (from Petition)

Under the new constitutional rule of retroactivity established in Montgomery v. Louisiana and clarified in Welch v. United States, is a state court required under the federal constitution to retroactively apply interpretations of a substantive criminal statute that narrow its scope?

Question Presented (AI Summary)

Whether the federal constitution requires states to retroactively apply a narrowing interpretation of a substantive criminal statute

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-05-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 27, 2019)

Attorneys

William Branham
Jonathan Michael KirshbaumLaw Offices of the Federal Public Defender, Petitioner