No. 20-6231

Mark Zavala v. Kim Holland, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2020-11-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process fair-trial fourteenth-amendment gang-enhancement sentence-enhancement street-terrorism-act unitary-proceeding
Latest Conference: 2020-12-04
Question Presented (from Petition)

Does the trial of a sentence enhancement allegation under California's Street Terrorism Enforcement and Prevention Act in a unitary proceeding with the underlying criminal offense violate the right to a fair trial guaranteed under the Fourteenth Amendment to the U.S. Constitution and did it do so in this case?

Question Presented (AI Summary)

Does the trial of a sentence enhancement allegation under California's Street Terrorism Enforcement and Prevention Act in a unitary proceeding with the underlying criminal offense violate the right to a fair trial guaranteed under the Fourteenth Amendment to the U.S. Constitution?

Docket Entries

2020-12-07
Petition DENIED. Justice Breyer took no part in the consideration or decision of this petition.
2020-11-12
DISTRIBUTED for Conference of 12/4/2020.
2020-11-06
Waiver of right of respondent Kim Holland, Warden; Martin Biter, Warden, et al. to respond filed.
2020-10-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2020)

Attorneys

Kim Holland, Warden; Martin Biter, Warden
John H. DeistCalifornia Department of Justice, Respondent
Mark Zavala
Randy Perry BakerRandy Baker, Attorney at Law, Petitioner