No. 19-5719

Robert Keith Ray v. Colorado

Lower Court: Colorado
Docketed: 2019-08-27
Status: Denied
Type: IFP
IFP
Tags: 6th-amendment appellate-review apprendi apprendi-v-new-jersey boyde-standard boyde-v-california capital-case due-process jury jury-instructions sixth-amendment
Latest Conference: 2020-01-10
Question Presented (from Petition)

In light of this Court's recent Sixth-Amendment jurisprudence emphasizing the constitutional primacy of the role of the jury, should this Court revisit its 5-4 decision in Boyde, which adopted the "reasonable likelihood" test for determining whether ambiguous jury instructions violate due process, and instead return to the previous standard, in which appellate courts inquire whether reasonable jurors "could have" interpreted the instructions in a manner that violates the U.S. Constitution?

Question Presented (AI Summary)

Whether the Court should revisit the 'reasonable likelihood' test adopted in Boyde v. California and instead return to the previous standard where appellate courts inquire whether reasonable jurors 'could have' interpreted the instructions in an unconstitutional manner

Docket Entries

2020-01-13
Petition DENIED.
2019-12-26
Reply of petitioner Robert Keith Ray filed. (Distributed)
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-11-25
Brief of respondent Colorado in opposition filed.
2019-09-27
Motion to extend the time to file a response is granted and the time is extended to and including November 25, 2019.
2019-09-25
Motion to extend the time to file a response from September 26, 2019 to November 25, 2019, submitted to The Clerk.
2019-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2019)

Attorneys

Colorado
L. Andrew CooperOffice of the Colorado Attorney General, Respondent
Robert Keith Ray
Gail Kathryn JohnsonJohnson & Klein, PLLC, Petitioner