No. 20-1062
Response RequestedResponse WaivedRelisted (2)
Tags: 14th-amendment aggravating-factors constitutional-challenge due-process fourteenth-amendment jury-finding jury-findings sentencing-guidelines vagueness
Key Terms:
DueProcess
DueProcess
Latest Conference:
2021-06-03
(distributed 2 times)
Question Presented (from Petition)
In a state with mandatory sentencing guidelines, where a judge may not sentence a defendant above the guidelines range unless the jury finds an aggravating factor beyond a reasonable doubt, may defendants challenge those aggravating factors as vague in violation of the Due Process Clause of the Fourteenth Amendment?
Question Presented (AI Summary)
Whether defendants may challenge aggravating factors as vague under the Due Process Clause
Docket Entries
2021-06-07
Petition DENIED.
2021-05-18
DISTRIBUTED for Conference of 6/3/2021.
2021-05-17
Reply of petitioner Chad Bennett filed. (Distributed)
2021-05-04
Brief of respondent Washington in opposition filed.
2021-03-19
Motion to extend the time to file a response is granted and the time is extended to and including May 5, 2021.
2021-03-18
Motion to extend the time to file a response from April 5, 2021 to May 5, 2021, submitted to The Clerk.
2021-03-05
Response Requested. (Due April 5, 2021)
2021-03-03
DISTRIBUTED for Conference of 3/19/2021.
2021-02-09
Waiver of right of respondent State of Washington to respond filed.
2021-01-29
Petition for a writ of certiorari filed. (Response due March 8, 2021)
Attorneys
Chad Bennett
Lila J. Silverstein — Washington Appellate Project, Petitioner
Washington
Garth Louis Dano — Grant County Prosecutor, Respondent
Kevin J. McCrae — Grant County Prosecutor's Office, Respondent