No. 19-8668
Response RequestedResponse WaivedRelisted (2)IFP
Tags: aggravated-robbery capital-felony-murder constitutional-rights graham-v-florida juvenile-sentencing life-imprisonment non-homicide-crime procedural-default
Key Terms:
DueProcess Punishment
DueProcess Punishment
Latest Conference:
2021-01-08
(distributed 2 times)
Question Presented (from Petition)
WHETHER, FOLLOWING THIS COURT'S DECISION IN GRAHAM v. FLORIDA . 560 U.S. 48, 79 (2010), THE TRIAL COURT ERRED IN INSTRUCTING PETITIONER WHITESIDE'S TRIAL JURY THAT HE COULD BE SENTENCED TO A TERM OF LIFE IMPRISONMENT FOR A NON -HOMICIDE CRIME, AGGRATED ROBBERY, COMMITTED AS THE UNDERLYING FELONY OF A C APITAL FELONY MURDER CHARGE ON WHICH HE WAS SENTENCED TO A MANDATORY SENTENCE OF LIFE IMPRISONMENT, THE OFFENSES HAVING BEEN COMMITTED WHILE HE WAS A JUVENILE.
Question Presented (AI Summary)
Whether the trial court erred in instructing the jury that the petitioner could be sentenced to life imprisonment for a non-homicide crime committed as a juvenile
Docket Entries
2021-01-11
Petition DENIED.
2020-12-21
Reply of petitioner Lemuel Whiteside submitted.
2020-12-10
DISTRIBUTED for Conference of 1/8/2021.
2020-11-20
Brief of respondent State of Arkansas in opposition filed.
2020-09-03
Motion to extend the time to file a response is granted and the time is extended to and including November 20, 2020.
2020-09-01
Motion to extend the time to file a response from September 21, 2020 to November 20, 2020, submitted to The Clerk.
2020-08-21
Response Requested. (Due September 21, 2020)
2020-07-16
DISTRIBUTED for Conference of 9/29/2020.
2020-07-10
Waiver of right of respondent Arkansas to respond filed.
2020-04-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 13, 2020)
Attorneys
Arkansas
Lemuel Whiteside
J. Thomas Sullivan — Petitioner
State of Arkansas
Vada Berger — AR Attorney General's Office, Respondent