No. 19-6235

Scott Thomas Erskine v. California

Lower Court: California
Docketed: 2019-10-10
Status: Denied
Type: IFP
IFP
Tags: aggravating-circumstances capital-sentencing constitutional-amendments cruel-and-unusual-punishment death-penalty due-process equal-protection jury-trial jury-unanimity narrowing-requirement sentencing
Key Terms:
AdministrativeLaw DueProcess Punishment Securities Privacy JusticiabilityDoctri
Latest Conference: 2019-12-06
Question Presented (from Petition)

I.
Does California's death penalty statute violate the Fifth,
Sixth, Eighth, and Fourteenth Amendments to the United States
Constitution by failing to meaningfully narrow the class of death-eligible
murders?

II.
Does California's death penalty scheme, which permits the
trier of fact to impose a sentence of death without unanimously finding
beyond a reasonable doubt (1) the existence of one or more aggravating
circumstances, (2) that aggravating circumstances outweigh mitigating
circumstances, and (3) that the aggravating circumstances are so
substantial that they warrant death instead of life, violate the
requirement under the Fifth, Sixth, and Fourteenth Amendments that
every fact, other than a prior conviction, that serves to increase the
statutory maximum penalty for a crime must be found by a unanimous
jury beyond a reasonable doubt.

Question Presented (AI Summary)

Does California's death penalty statute violate the Fifth, Sixth, Eighth, and Fourteenth Amendments?

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-10-29
Brief of respondent The State of California in opposition filed.
2019-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 12, 2019)

Attorneys

Scott Erskine
Kimberly Joyce GroveAttorney at Law, Petitioner
The State of California
Robin Helene UrbanskiCalifornia Attorney General, Respondent