No. 19-7609

Juan Mauricio Castillo v. Isidro Baca, Warden

Lower Court: Nevada
Docketed: 2020-02-07
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: criminal-procedure criminal-statute due-process montgomery-louisiana montgomery-v-louisiana retroactivity state-courts statutory-interpretation substantive-rule welch-united-states welch-v-united-states
Latest Conference: 2020-04-03
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 due process requires the states to retroactively apply a decision narrowing the interpretation of a substantive criminal statute

Docket Entries

2020-04-06
Petition DENIED.
2020-03-19
DISTRIBUTED for Conference of 4/3/2020.
2020-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 9, 2020)

Attorneys

Juan Castillo
Jonathan Michael KirshbaumLaw Offices of the Federal Public Defender, Petitioner