No. 19-7794

Jeremy Shane Fogleman v. Mississippi

Lower Court: Mississippi
Docketed: 2020-02-27
Status: Denied
Type: IFP
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP
Tags: burden-of-proof civil-rights constitutional-rights criminal-procedure due-process fourteenth-amendment sentencing sentencing-enhancement sixth-amendment
Latest Conference: 2020-06-18 (distributed 2 times)
Question Presented (from Petition)

1) Does the SUPREME COURT of the STATE of MISSISSIPPI'S DECISION REVERSING the COURT Of APPEALS of the STATE Of MISSISSIPPI'S, 9-0 UNANIMOUS DECISION in this case SQUARE With the DECISIONS of the The SUPREME COURT Of the UNITED STATES?

2) Can a judge aggravate a punishment or penalty based upon subjective judicial fact finding such as determining a non Violent Crime to be a 'crime of violence', or must it be submitted to a jury and each element be found beyond a reasonable doubt?

3) DOES The SUPREME COURT Of The STATE Of MISSISSIPPI'S, 5-4 SPLIT DECISION VIOLATE the PETITIONERS RIGHTS Under the SIXTH and FOURTEENTH AMENDMENTS of the UNITED STATES CONSTITUTION and also DOES it RUN AFOUL of ALLEYNE v. UNITED STATES, 570 U.S. 99, 103, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013) among other UNITED STATES SUPREME COURT DECISIONS?

Question Presented (AI Summary)

Does the Supreme Court of the State of Mississippi's 5-4 decision violate the petitioner's rights under the Sixth and Fourteenth Amendments of the United States Constitution?

Docket Entries

2020-06-22
Petition DENIED.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-05-29
Reply of petitioner Jeremy Shane Fogleman filed.
2020-05-15
Brief of respondent Mississippi in opposition filed.
2020-04-15
Brief amici curiae of the Due Process Institute and the National Association for Public Defense filed.
2020-04-07
Blanket Consent filed by Petitioner, Jeremy Shane Fogleman
2020-03-24
Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2020.
2020-03-23
Motion to extend the time to file a response from April 15, 2020 to May 15, 2020, submitted to The Clerk.
2020-03-16
Response Requested. (Due April 15, 2020)
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-09
Waiver of right of respondent Mississippi to respond filed.
2019-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 30, 2020)

Attorneys

Jeremy Shane Fogleman
Nicolas Luis MartinezBartlit Beck LLP, Petitioner
Jreemy Shane Fogleman
Jeremy Shane Fogleman — Petitioner
Mississippi
Abbie Eason KoonceOffice of the Attorney General, Respondent
the Due Process Institute and the National Association for Public Defense
Kendall Kelly Alexis TurnerO'Melveny & Myers, Amicus