No. 19-8192
John Bejarano v. William Gittere, Warden, et al.
IFP
Tags: aggravating-factors appellate-reweighing apprendi clemons-v-mississippi constitutional-rights death-penalty jury-trial reweighing sixth-amendment
Latest Conference:
2020-06-25
Question Presented (from Petition)
1. Should this Court overrule Clemons v. Mississippi as inconsistent with Apprendi and its progeny, to the extent that it allows an appellate court to independently reweigh aggravating factors against mitigation to uphold a death sentence?
2. Did the Nevada Supreme Court violate Mr. Bejarano's rights by making the outweighing requirement an afterthought for the jury, used only to lessen a death sentence to life imprisonment?
Question Presented (AI Summary)
Whether the Nevada Supreme Court's reweighing of aggravating and mitigating factors to uphold a death sentence violates the Sixth Amendment right to a jury trial
Docket Entries
2020-06-29
Petition DENIED.
2020-06-10
DISTRIBUTED for Conference of 6/25/2020.
2020-06-04
Reply of petitioner John Bejarano filed.
2020-05-11
Motion to delay distribution of the petition for a writ certiorari until June 10, 2020, granted.
2020-05-08
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 20, 2020 to June 10, 2020, submitted to The Clerk.
2020-05-06
Brief of respondents William Gittere, et al. in opposition filed.
2020-03-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2020)
2020-01-28
Application (19A845) granted by Justice Kagan extending the time to file until April 3, 2020.
2020-01-24
Application (19A845) to extend the time to file a petition for a writ of certiorari from February 5, 2020 to April 3, 2020, submitted to Justice Kagan.
Attorneys
John Bejarano
Brad D. Levenson — Federal Public Defender, District of Nevada, Petitioner
William Gittere, et al.
Jennifer Patricia Noble — Washoe County District Attorney, Respondent