No. 19-514

Nikko A. Jenkins v. Nebraska

Lower Court: Nebraska
Docketed: 2019-10-21
Status: Denied
Type: Paid
Amici (3)Relisted (3) Experienced Counsel
Tags: capital-sentencing death-penalty eighth-amendment fourteenth-amendment mental-health mental-illness mitigating-evidence sixth-amendment solitary-confinement
Latest Conference: 2020-04-17 (distributed 3 times)
Question Presented (from Petition)

(1) Whether the sentencing court violated the requirement of the Eighth and Fourteenth Amendment that capital sentencers give meaningful consideration and effect to all mitigating evidence, when it categorically refused to consider the impact of prolonged solitary confinement and the State's inadequate response, because it concluded that the solitary confinement was warranted.

(2) Whether a capital sentencing scheme that requires a jury to find aggravating factors, but authorizes judges, rather than a jury, to make all further factual findings necessary to the imposition of a sentence of death, violates the Sixth and Fourteenth Amendments to the Constitution.

Question Presented (AI Summary)

Whether the sentencing court violated the requirement of the Eighth and Fourteenth Amendment that capital sentencers give meaningful consideration and effect to all mitigating evidence

Docket Entries

2020-04-20
Motion for leave to file amici brief filed by The Promise of Justice Initiative, et al. GRANTED.
2020-04-20
Petition DENIED.
2020-04-01
DISTRIBUTED for Conference of 4/17/2020.
2020-03-19
Rescheduled.
2020-03-18
DISTRIBUTED for Conference of 4/3/2020.
2020-02-06
Rescheduled.
2020-01-29
DISTRIBUTED for Conference of 2/21/2020.
2020-01-28
Reply of petitioner Nikko Jenkins filed.
2020-01-10
Brief of respondent State of Nebraska in opposition filed.
2019-12-09
Motion to extend the time to file a response is granted and the time is further extended to and including January 10, 2020.
2019-12-05
Motion to extend the time to file a response from December 20, 2019 to January 10, 2020, submitted to The Clerk.
2019-11-20
Brief amici curiae of National Disability Rights Network et al. filed.
2019-11-20
Motion for leave to file amici brief filed by The Promise of Justice Initiative, et al.
2019-11-19
Motion to extend the time to file a response is granted and the time is extended to and including December 20, 2019.
2019-11-12
Motion to extend the time to file a response from November 20, 2019 to December 20, 2019, submitted to The Clerk.
2019-10-17
Petition for a writ of certiorari filed. (Response due November 20, 2019)

Attorneys

National Disability Rights Network et al.
Lisa Schiavo BlattWilliams & Connolly LLP, Amicus
Nikko Jenkins
David D. ColeAmerican Civil Liberties Union Foundation, Petitioner
State of Nebraska
James D. SmithNebraska Department of Justice, Respondent
The Promise of Justice Initiative, et al
G. Ben CohenThe Promise of Justice Initiative, Amicus