No. 19-8573

David Konepachit v. California

Lower Court: California
Docketed: 2020-05-30
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process equal-protection recidivism sentencing sentencing-enhancement
Latest Conference: 2020-09-29
Question Presented (from Petition)

DOES THE SENATE BILL 1393 INHERENTLY DEPRIVE THE PETITIONER FROM EQUAL PROTECTION OF THE LAWS BECAUSE OF THE AMELIORATIVE STATUTE THAT 1893 AMENDS, LACKS A FULL RETROACTIVE EFFECT AND THUS CREATES DISPARAGING TREATMENT TO ONE GROUP OF INDIVIDUALS, AND AUTOMATICALLY PROTECTS THE SUBSTANTIAL LIBERTY INTERESTS OF ANOTHER GROUP OF SIMILARLY SITUATED INDIVIDUALS.

DOES THE CALIFORNIA PENAL CODES 8667(E)(1), 8667(a) AND 8667.5(B), ALL SERVE THE SAME PURPOSE AND INTERESTS, AND CONSTITUTE THREE ENHANCEMENTS OVER THE PETITIONER'S BASE TERM OF 5 YEARS BEING UP TO A TOTAL OF 0 YEARS 11 YEARS WORTH OF ENHANCEMENTS. DOES THIS CONSTITUTE A FEDERALLY UNLAWFUL SENTENCE UNDER THE CRUEL AND UNUSUAL PUNISHMENT CLAUSE, AND VIOLATE PETITIONER'S DUE PROCESS AND DOUBLE JEOPARDY RIGHTS SECURED TO THE PETITIONER UNDER THE UNITED STATES CONSTITUTION.

IT APPEARS THAT THE UNITED STATES SUPREME COURT HAS NEVER CONSIDERED OR RESOLVED AN EQUAL PROTECTION ISSUES ARISING OUT OF A LACK OF A RETROACTIVE EFFECT OF AN AMELIORATIVE STATUTE, WHICH MEANS SUPREME COURT RULE 10 (C) PROVIDES THIS COURT WITH THE POWER TO EXERCISE ITS JUDICIAL DISCRETION.

Question Presented (AI Summary)

Does ME Senate Bill 1343 violate the petitioner's due-process and equal-protection rights under the 14th Amendment of the U.S. Constitution?

Docket Entries

2020-10-05
Petition DENIED.
2020-07-09
DISTRIBUTED for Conference of 9/29/2020.
2020-05-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 29, 2020)

Attorneys

David Konepachit
David Konepachit — Petitioner