No. 20-1136

Peter Capote v. Alabama

Lower Court: Alabama
Docketed: 2021-02-19
Status: Denied
Type: Paid
Tags: 6th-amendment aggravating-circumstances capital-punishment death-penalty judicial-fact-finding judicial-weighing jury-trial mitigating-circumstances sentencing-scheme sixth-amendment
Latest Conference: 2021-04-16
Question Presented (from Petition)

1. Whether the Alabama death penalty sentencing scheme, which leaves it to the judge to find whether the aggravating circumstances outweigh the mitigating circumstances, a factual finding essential to capital punishment, violates a defendant's Sixth Amendment right to a jury trial.

2. Whether this Court's decision in McKinney v. Arizona, 140 S. Ct. 702 (2020), applies when the result of a judicial "weighing process" (weighing aggravating circumstances against mitigating circumstances) increases a defendant's potential punishment.

Question Presented (AI Summary)

Whether the Alabama death penalty sentencing scheme violates a defendant's Sixth Amendment right to a jury trial

Docket Entries

2021-04-19
Petition DENIED.
2021-03-31
DISTRIBUTED for Conference of 4/16/2021.
2021-03-25
Reply of petitioner Peter Capote filed.
2021-03-15
Brief of respondent State of Alabama in opposition filed.
2021-02-16
Petition for a writ of certiorari filed. (Response due March 22, 2021)

Attorneys

Peter Capote
Paul ShechtmanBracewell LLP, Petitioner
State of Alabama
Richard Dearman AndersonOffice of the Attorney General, State of Alabama, Respondent