No. 20-5263

Patrick W. Schroeder v. Nebraska

Lower Court: Nebraska
Docketed: 2020-08-05
Status: Denied
Type: IFP
IFP
Tags: capital-punishment capital-sentencing death-penalty eighth-amendment fourteenth-amendment mitigation mitigation-evidence pro-se pro-se-representation proportionality sentencing
Key Terms:
AdministrativeLaw DueProcess Punishment
Latest Conference: 2020-10-16
Question Presented (from Petition)

1) Whether the Eighth and Fourteenth Amendments to the United States Constitution are violated when a capital sentencing panel issues a death sentence after a paltry presentence investigation despite the defendants refusal to introduce mitigating evidence, evidence regarding proportionality, or raise legal issues while exercising his right to represent himself pro se.

2) Whether the Eighth and Fourteenth Amendments are violated when a State Supreme Court adopts a rule allowing the prosecution in a capital case to introduce evidence proving uncharged and non-statutory aggravating circumstances under the guise of refuting statutory mitigating circumstances when the pro se Defendant introduced no mitigating evidence, the pro se Defendant twice told the sentencing panel that he did not intend to present any mitigating evidence, and there was only a remote possibility that the sentencing panel would find any of the statutory mitigators present from the information contained in the meager presentence investigation report.

Question Presented (AI Summary)

Whether the Eighth and Fourteenth Amendments are violated when a capital sentencing panel issues a death sentence despite the defendant's refusal to introduce mitigating evidence, evidence regarding proportionality, or raise legal issues while exercising his right to represent himself pro se

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-11
Brief of respondent State of Nebraska in opposition filed.
2020-09-04
Motion to extend the time to file a response is granted and the time is extended to and including September 11, 2020.
2020-09-03
Motion to extend the time to file a response from September 4, 2020 to September 11, 2020, submitted to The Clerk.
2020-07-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2020)

Attorneys

Patrick Schroeder
Sarah Paider NewellNebraska Commission on Public Advocacy (NCPA), Petitioner
State of Nebraska
James D. SmithNebraska Department of Justice, Respondent