No. 20-7671

Ronald E. Johnson v. Derek Schmidt, Attorney General of Kansas, et al.

Lower Court: Tenth Circuit
Docketed: 2021-04-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-review criminal-procedure due-process kansas-supreme-court mandatory-minimums mandatory-sentencing sentencing sentencing-modification sixth-amendment statutory-interpretation sua-sponte
Latest Conference: 2021-05-27
Question Presented (from Petition)

Was Astorga v. Kansas remanded back to the Kansas Supreme Court for the purpose of correcting with the Mandatory Sentence modification of Hard 40/50 provisions in the Sua Sponte K.S.A. 21-4639 and K.S.A. 21-6628(c)?

Does K.S.A. 21-4639/K.S.A. 21-6628(c) provide the remedy once the term of imprisonment or any provision authorizing such term is ever held unconstitutional by the United States Supreme Court or the Kansas Supreme Court?

Is K.S.A. 21-4635 a Sixth Amendment violation which must be cured with the Mandatory Sua Sponte correction remedy that is included within the controlling law provided by K.S.A. 21-4639 & K.S.A. 21-6628(c)?

Question Presented (AI Summary)

Was Astorga v. Kansas remanded back to the Kansas Supreme Court for the purpose of correcting with the Mandatory Sentence modification of Hard 40/50 provisions in the Sua Sponte K.S.A. 21-4639 and K.S.A. 21-6628(c)?

Docket Entries

2021-09-10
Rehearing DENIED.
2021-08-19
DISTRIBUTED.
2021-06-07
Petition for Rehearing filed.
Main DocumentOtherOtherOtherProof of Service
2021-06-01
Petition DENIED.
2021-05-12
DISTRIBUTED for Conference of 5/27/2021.
2021-04-23
Waiver of right of respondent Derek Schmidt to respond filed.
Main Document
2021-03-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2021)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Derek Schmidt
Brant M. Laue — Solicitor General of Kansas, Respondent
Ronald Johnson
Ronald E. Johnson — Petitioner